Category: Second Scottish Independence Referendum
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Nikos Skoutaris: Fault Lines: The UK’s Asymmetric Constitution and the Problem of Self-Determination After May 2026
For the first time in the history of devolution, nationalist or independence-oriented parties lead all three devolved nations simultaneously: Sinn Féin in Northern Ireland, Plaid Cymru in Wales, and the SNP in Scotland. Meanwhile, Reform UK topped the national equivalent vote in England. The United Kingdom’s political geography has been fundamentally redrawn. What has not…
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Chris Himsworth: Referendum Bill Consequentials
At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of…
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Kenneth A. Armstrong: Will the Supreme Court Clear the Way to a Scottish Independence Referendum?
At the end of June, Scotland’s First Minister Nicola Sturgeon set out the Scottish Government’s roadmap for a referendum on Scottish independence. The centrepiece would be a Bill to be introduced into the Scottish Parliament to legislate for a referendum in like terms to the 2014 independence referendum, but absent an accompanying section 30 order…
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Leah Trueblood: What is the ‘purpose’ of the Scottish Independence Referendum Bill?
What is the purpose of the referendum proposed in the Scottish Independence Referendum Bill? Is it, as s 1 (1) of the Bill itself says ‘to ascertain the views of the people of Scotland?’ Or is the aim – either directly or indirectly – the dissolution of the United Kingdom? If the purpose is only to…
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Stephen Tierney: The Lord Advocate’s Reference: The Constitutional Significance of Referendums and Electoral Processes
The Lord Advocate’s Reference to the Supreme Court asks if the proposed Scottish Independence Referendum Bill relates to reserved matters under the Scotland Act 1998. Core to the Lord Advocate’s case is the claim that the referendum proposed by the draft bill would be ‘advisory’, ‘consultative’ or ‘non-binding’. If this is the case then it can be argued that the…
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Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention
On 11-12 October the Supreme Court is scheduled to hear a reference brought by the Lord Advocate under the Scotland Act 1998, Schedule 6, para.34 (‘the Reference’). The Lord Advocate seeks determination of the following questions: Does the provision of the proposed Scottish Independence Referendum Bill that provides that the question to be asked in…
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Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference
On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC…
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Chris McCorkindale: The Lord Advocate’s role in vetting bills for legislation
On 28 June 2022 the First Minister provided an update to the Scottish Parliament on the Scottish Government’s route map to a second independence referendum. In a debate characterised by entrenched positions and seeming impasse, those plans caused some surprise. First, and whilst stressing her preference to legislate for a referendum on the basis of a…
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Pravar Petkar: Consultative Referendums and Constituent Power in the UK
On 28 June 2022, the Scottish First Minister announced that the Lord Advocate had made a reference to the UK Supreme Court on whether a Bill for a consultative referendum on Scottish independence would fall within the Scottish Parliament’s legislative competence. Although there has already been much discussion on the issue of legislative competence (see here, here and here), this post…
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Kenneth A Armstrong: A Matter for Another Day? Will the Supreme Court Accept the Lord Advocate’s Independence Referendum Reference?
Scotland’s First Minister, Nicola Sturgeon has set out the ‘next steps’ in the campaign for Scotland’s independence, including asking the Lord Advocate for Scotland to make a reference to the UK Supreme Court on whether a draft Scottish Independence Referendum Bill relates to ‘reserved matters’ set out in Schedule 5 of the Scotland Act 1998.…