Then came Devolution in the late 90s and we all had to learn about "functions" and "legislative competence" under the Scotland Act 1998. While we had heard of EU law and ECHR most of us knew little more than what the acronyms stood for. There was a very fast learning curve for the constitutional lawyer and even more so for the rest of the legal profession. Now we even had a Scottish Parliament in Edinburgh where we could develop our own constitutional law.
In the early years of the new millennium, constitutional law developed at a relatively sedate pace. Lots of legislation was passed. A labour/lib-dem coalition governed the country. We had the odd case in the courts to guide us as to how the Parliament, the Devolution settlement and the Scotland Act 1998 should work in law. There were relatively few changes to the Scotland Act and constitutional lawyers were lulled into a false sense of calm. Even the arrival of the minority SNP administration and the Axa Insurance and Imperial Tobacco cases did no more than hint at what was to come.
The election of the SNP majority administration meant that an independence referendum was definitively on the table and for the constitutional lawyer it was as if all their Christmases had arrived at once. There was all sorts of legislation, including on the franchise, to consider and comment on. Out came the books and articles on referendums, on prerogative powers, on parliamentary sovereignty and legislative competence. The constitutional lawyer appeared on everyone's invite list and their every word was analysed by all sides of the debate. There were constitutional experts on everything, admittedly not all of them lawyers, covering the UK constitution, foreign constitutional arrangements, the EU, finance and economics, defence, NATO and international maritime arrangements. What was even better for the debate was that the experts made their own assessments and regularly reached different views. It was an exciting and intellectually challenging time for constitutional lawyers.
On 18th September 2014 the referendum was over and, at least theoretically, the books, blogs and articles were metaphorically archived on legal book shelves. The Smith Commission and the implementing Scotland Act, which was eventually passed in 2016, kept constitutional lawyers busy but on a narrower remit. The books and articles were kept to be considered as necessary and the shredder lay unused.
In 2015 it became clear we citizens were going to be given another referendum experience, this time focused on the EU. The campaigns were loud and passionate, if not always accurate. Terminology from the Scottish Independence Referendum started appearing. "Project fear" was alive and kicking and a new one of "Project Fantasy" emerged. The result was certainly a surprise for most of Scotland and many down south as well, not to mention our allies in the EU and beyond.
However for the constitutional lawyer this is probably our Christmases and Birthdays all rolled into one. Yes, I must admit to being one of those niche lawyers who thinks of themselves as a constitutional lawyer, having been a government lawyer before devolution, having advised UK departments on the implications of Devolution, having enjoyed the "settling in" time at the start of the millennium, having spent too many years being scrupulously neutral as Solicitor to the Parliament during the Independence Referendum campaign and having watched the EU referendum from a cool distance. I too am trying to think of something different to say about Article 50!
The message for us all is that substantial constitutional change has been with us for the last almost twenty years. Yes, this may be the biggest challenge we have faced to date but accepting this is an evolving situation with few certainties at present, the best advice for lawyers and clients must be not to panic, take some thinking time, influence where we can and be ready to deal with what emerges. However I will admit, this constitutional lawyer has been in her garage for hours since 23rd June looking through boxes of blogs, papers and articles from 2014 and before, retrieving old but relevant EU papers I am glad I did not shred. I am now ready to step into the light again but I suspect if truth be told we are all constitutional lawyers now.