Tag: Indyref 2
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Iain Halliday: Political and Legal Constitutionalism in the Age of Supreme Court Referrals
Back in early 2013 I wrote my undergraduate dissertation on the role of law and politics in the independence debate. I concluded that: “Throughout the independence debate, the law, in the form of judicial intervention, had no role to play. This can be seen as a victory for the political constitution. In the context 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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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…