The DOI matches its Crossref record; 11 of the 11 references it cites were found in a registry or an index.
Brexit and the United Kingdom’s devolutionary constitution
Open accessAbstract
Abstract This piece considers the implications of the Brexit process for the United Kingdom's territorial constitution. It advances two narratives of the devolutionary settlement; one which emphasises the continuing post‐devolution influence – and dominance – of the institutions of UK‐level government, the other which regards devolution as having engineered a quasi‐federal division of powers and having diluted the sovereignty of the Westminster Parliament via expressions of national sovereignty in Scotland, Wales and Northern Ireland. The continuing resonance of the former is addressed across three elements of the Brexit process: (1) the design and outcome of the 2016 referendum; (2) litigation concerning Brexit and devolution; and (3) the legislative process of repatriating competences to domestic institutions from the EU. Seen through these lenses, Brexit is argued to provide ongoing evidence of the democratic deficits that the post‐1998 phase of devolution was designed to address, and of an increasingly unstable territorial constitution.
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“In the UK whilst devolution has been instituted, granting powers to Scotland, Wales, and Norther Ireland, Westminster Parliament retains sovereignty (Masterman, 2022).”
From Risk Governance, State Capacity, and Critical Human Security: Evolution of Risk Governance in Response to Systemic Risk in the UK and South Korea (2025) · cites this paper as Masterman, 2022
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Cites
The Future Relationship between the United Kingdom and the European Union
Walker, N., Miller, V., & Fella, S. (2018) · Cited by 59
The Unity of Public Law? : Doctrinal, Theoretical and Comparative Perspectives
(2018) · Hart Publishing eBooks · doi:10.5040/9781509915217 · Cited by 41
Murkens, J. E. K. (2001) · Cadmus - EUI Research Repository (European University Institute) · Cited by 20
de Mars, S., Murray, C. R. G., O’Donoghue, A., et al. (2018) · Policy Press eBooks · doi:10.2307/j.ctv56fh0b · Cited by 17
Giving with one hand: Scottish devolution within a unitary state
Tierney, S. (2007) · International Journal of Constitutional Law · doi:10.1093/icon/mom024 · Cited by 15
Devotion to Legalism: On the Brexit Case
Poole, T. M. (2017) · Modern Law Review · doi:10.1111/1468-2230.12280 · Cited by 13
Devolution: A National Conversation?
Hadfield, B. (2011) · Oxford University Press eBooks · doi:10.1093/he/9780199579051.003.0009 · Cited by 12
Masterman, R., & Murkens, J. E. K. (2013) · Durham Research Online (Durham University) · Cited by 7
Self-citationThe New Labour Constitution: Twenty Years On
Gordon, M. R., & Tucker, A. (2021) · Hart Publishing eBooks · doi:10.5040/9781509924677.0006 · Cited by 4
Brexit as constitutional "shock" and its threat to the devolution settlement: reform or bust
Burrows, N., & Fletcher, M. (2017) · ENLIGHTEN (Jurnal Bimbingan dan Konseling Islam) · Cited by 2
Research works printed but not linked: 9
- Blick A., 2016, The EU referendum, devolution and the union
- Hale L., 2018, Devolution and the supreme court – 20 Years on
- HM Government, 2017, The United Kingdom’s exit from and new partnership with the European Union
- Jones C., 2018, Speech to the Institute for Government
- May T., 2016, Conservative party conference speech
- Parliament. House of Commons, 2017, Lessons learned from the EU referendum
- Parliament. House of Lords European Union Committee, 2017, Brexit: Devolution
- Sturgeon N., 2015, A positive case for Europe
- Trench A., 2014, Democracy in Britain: Essays in honour of James Cornford
Cited by
Kim, E., Oh, Y., & Kennett, P. (2025) · Social Policy and Society · doi:10.1017/s1474746425000144 · Cited by 1
“In the UK whilst devolution has been instituted, granting powers to Scotland, Wales, and Norther Ireland, Westminster Parliament retains sovereignty (Masterman, 2022).”
Metadata
- Authors
- Masterman, R.
- Affiliations
- Durham University (GB)
- Corresponding author
- Masterman, Roger
- ORCID
- Masterman, Roger
- Venue
- Global Policy
- Publisher
- Wiley
- Published
- 2022-04
- Volume
- 13
- Issue
- S2
- Pages
- 58-68
- ISSN
- 1758-5880 (ISSN-L)
- 1758-5899
- OpenAlex
- W3207930528
- Cited by
- 4
- References
- 11
- Citations by year
- 2025: 3 · 2023: 1
- FWCI
- 3.27
- Type
- journal article
- Language
- en
- Open access
- hybrid
- doi.org
- Licence
- Locations
- Global Policy (publishedVersion, cc-by)
- Durham Research Online (Durham University) (acceptedVersion, other-oa)
- Durham Research Online (Durham University) (submittedVersion, cc-by)
- Topics
- Social Sciences › Political Science and International Relations › Political Systems and Governance
- Social Sciences › Political Science and International Relations › European and International Law Studies
- Social Sciences › Law › Judicial and Constitutional Studies
- Keywords
- Brexit, devolution, territorial constitution, division of powers, Brexit referendum, democratic deficit, Scotland, Wales, Northern Ireland, federalism
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