There’s a somewhat “weird article in the Guardian today by Simon Tisdall”:http://www.guardian.co.uk/commentisfree/story/0,,1996355,00.html , which rather highlights a question that has been bothering me for a while. There’s been a rumbling debate in the UK for a while now about the possibility that the Scottish National Party might gain a majority in Scotland and then win a referendum on independence, thus ending the union. Tisdall cites possible Kosovan secession as an important possible precedent for this on no stronger grounds than the fact that, like Scotland, Kosovo has been an integral part of a larger entity for several centuries.
Most popular discussion of the Scottish case has simply assumed that Scotland ought to be able to secede if the nationalists win a referendum. But, whatever the merits of that view, it isn’t one that would draw much strength from recent work in political philosophy (so much the worse for political philosophy, I hear you say). Allen Buchanan’s article “Theories of Secession”, (PPA 1997) for example, argues for a remedial right to secede – that is a right, akin, to the right to revolution – to depart an entity if the seceding party has sought and failed to remedy a serious injustice of which they are the victims. Buchanan does not support a “primary right” to secede by national or other groups, partly on the grounds that to grant such a right would generate perverse incentives against many desirable policies, including ones favouring decentralized or devolved administration.
I think the disanalogies between Scotland and and Kosovo are pretty clear. Albanian Kosovans are the recent victims of sustained injustice and rights violations; modern Scots, who provide a good proportion of cabinet minister for the UK, who benefit from significant flows of revenues and who have their own parliament, are not. [1] Kosovans therefore meet Buchanan’s test for a remedial right to secede and Scots do not. Whether permitting Scottish secession would be a good or bad thing _prudentially_ is another question, but I can’t see that it would be _unjust_ to refuse such secession even if there were a majority for it in a referendum. Scottish secession, and the break-up of the UK, might have all kinds of desirable consequences, including for democracy and for the effective control of resources by people, especially if Scotland were to stay within the EU. But as a _right_ , inherent in the Scottish people and exercisable by a one-off vote? I’m not convinced.
fn1. I don’t deny, of course, that Scots have been the victims of serious injustice in the historic past, just that they are presently the victims of such injustice.