The upcoming withdrawal of the United Kingdom from the European Union is a source of tensions within the political system of the UK. Devolution is most likely to be affected by Brexit which can lead to conflicts between the UK as a whole and Scotland as its part. The Sewel Convention is a political constitutional norm establishing non-legal rules of cooperation between these two political bodies. Despite having been written in a statute, the Sewel Convention remains unenforceable by the courts. Nonetheless, the political consequences of diminishing it may be severe. The discrepancy between the political strength of Scottish nationalism, confirmed in the latest general election, and constitutional lack of Scottish “voice” in regard to Brexit may lead to a severe political crisis within the UK.

In the 2014 referendum Scottish voters were asked whether Scotland should be an independent country. Several years and one Brexit referendum later Nicola Sturgeon, the then popular and charismatic leader of the Scottish National Party and First Minister of Scotland, was making a convincing case for another independence referendum. She even proposed October 2023 as its date. But the United Kingdom government and successive Conservative prime ministers have consistently said “no”. This article analyses that constitutional and political ‘tug-of-war’ in the context of devolution settlement, pro-independence aspirations of Scottish people, consequences of Brexit, and growing tensions between Edinburgh and London. The most fundamental constitutional question within that frame of reference is what Scotland’s viable path to independence should be and in other words, under what circumstances the independence vision could be implemented.