Constituent power and constituent collectives in a Union context: Deciding the futures of Scotland and the United Kingdom

Over the last few decades, interconnected debates about Scottish independence and Brexit have shaped politics in the United Kingdom and raised questions of constituent power that remain controversial both politically and theoretically. Against this backdrop, this article proposes a nuanced democratic conception of constituent power that serves as an alternative to orthodox sovereigntist accounts. This conception is theoretically more compelling and, moreover, enables fruitful engagement with contemporary constitutional controversies. By establishing a dialogue between theoretical discussion and the Scottish and UK case, the article, first, explores constituent power as one dimension of popular sovereignty and its interplay with constituted powers over time. Second, it examines how constituent collectives can and, in recent history, have become subject to contestation and change. Third, it sketches monist and pluralist conceptions of constituent power and peoples that co-exist, yet conflict within the United Kingdom, thereby mapping distinct trajectories for possible constitutional futures in a union setting.