Inbuilt within the United Kingdom is the potential for instability. It is a multi-nation state, like Belgium, Canada, Spain and – some would say – the European Union. At present, it consists of three nations – Wales, Scotland and England; and a fourth territory, Northern Ireland, the status of which is complicated and controversial. This internal differentiation is not necessarily a weakness. But it has at times been a source of problematic tension. Pressure for more autonomy, or even secession, has come from within some of the national groups incorporated into the UK. Early in the history of the state, during the eighteenth century, Scottish Jacobite rebellions took place. The place of Ireland within the UK has often been a source of discord, with both Unionists and Irish Nationalist at times perpetrating acts of violence to further their respective causes. Early in the 1920s, most of Ireland split from the UK to form the Republic. Under the terms of the Belfast or ‘Good Friday’ Agreement of 1998, the six counties of Northern Ireland too may one day leave the UK and rejoin with the South.
An emergent issue in recent decades has been the rise of political nationalism and independence movements in other parts of the UK, including in Wales and most prominently in Scotland. The Scottish National Party has held office at devolved level since 2007; and the surprisingly close result in the referendum of September 2014 has given its cause added momentum. A break up of the union of England (including Wales) and Scotland that took place in 1706-7, inaugurating the UK as a state, is now as plausible as it has ever been. Unlike in earlier eras, it could take place peacefully, with the consent of both sides.
Consequently, if we are to seek to answer the question ‘what is the future of the UK constitution’, the answer may be that it does not have one, at least in its current form. The SNP wants to leave; while those who wish the UK to survive are altering its internal arrangements to accommodate a more autonomous Scotland within it. But what are the different options for configuring the constitution?