The UK is not a unitary state, but a concealed empire.

Society · Published 20 October 2026 · Updated 20 October 2026 Swipe more like this →

In short: The Scotland Act 1998 is often viewed as a simple administrative shift. However, it reveals a deeper constitutional paradox: the UK functions less like a unified state and more like an empire, where multiple constitutional orders are layered over a veneer of sovereign unity.

The Scotland Act 1998, passed on 17 November 1998 and receiving royal assent on 19 November, was the most significant constitutional legislation in the UK since the Acts of Union 1707. While it established the Scottish Parliament and the Scottish Government, it did not dismantle the core principle of Westminster's absolute parliamentary sovereignty. Instead, it created a complex system of 'reserved matters,' where the Scottish Parliament is prohibited from legislating on specific areas, while retaining powers over everything else. Legal scholars argue that this structure suggests the UK is not a standard unitary state. Instead, it may be viewed as an empire—a state where questions of subsidiarity are inescapable and ongoing. In this framework, the UK territory is characterized by ambiguity, where constituent parts bear separate, non-uniform relationships to the central government.

The Scotland Act manages these internal asymmetries by allowing the Scottish Parliament to operate within its competence while maintaining the UK's ability to intervene in matters of international obligation or reserved law. This tension is further complicated by the 'English Question.' While Scotland received devolution, England remains in a state of 'constitutional absence,' governed through undifferentiated state institutions rather than recognized channels of self-government. This creates a lopsided arrangement where the Union's largest nation lacks distinct institutional representation, leaving the stability of the UK's territorial settlement as an unresolved constitutional challenge.

The act includes mechanisms for dispute resolution, with the Supreme Court of the United Kingdom serving as the ultimate appeal for questions of legislative competence. It also allows for the adjustment of powers through Orders in Council, ensuring that the balance of power remains fluid and subject to ongoing negotiation between the two parliaments.

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