The Tory victory in Thursday’s election raises several points that are worth discussing in the UK context and globally.
1. The British constitutional system is gradually moving towards a parliamentary/direct democracy hybrid. Referenda are now increasingly seen as necessary or desirable to resolve major issues. There was a referendum about proportional representation in 2011, another on Scottish independence last year, and now one is promised in 2017 on EU membership. Parliamentary sovereignty remains, but in more formal terms.
2. More Scottish autonomy is inevitable, as Scotland now looks more like Quebec (a region with its own culture and own political party within a larger state). I wonder what this will mean for Scottish law. Scottish law still possess some unique characteristics, and there are many attributes of that law that influenced the Framers and resonate today. (I’ve always thought “Not Proved” should be a possible verdict in a criminal case, for instance.) How would a more autonomous Scottish law develop? Would, for example, Scotland end up with a written constitution?