Tag: Scottish Independence
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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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Iain Jamieson: The Lord Advocate’s Role in Vetting Bills in the Scottish Parliament for Legislative Competence: A Reply to Chris McCorkindale
A Scottish Minister, when introducing a Bill into the Scottish Parliament, is required by section 31(1) of the Scotland Act 1998 to state that, in his or her view, the Bill would be within the legislative competence of the Parliament. Such a statement is required, by paragraph 3.4 of the Scottish Ministerial Code, to be…
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Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act
The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known. Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)). The SA…
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Stephen Tierney: The Scottish Parliamentary Elections and the “Second Referendum” Debate
The Scottish National Party emerged as the largest party in the Scottish parliamentary elections held on 6 May. It fell short of an overall majority but still won an impressive 64 of 129 seats. Nicola Sturgeon, who will be reappointed as First Minister within the new devolved administration, has reiterated the SNP’s quest for independence,…
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Kathrin Strauss: Ausgleichsmandate for the Scottish Parliament? – Scotland’s mixed electoral system and the Alba Party
Alex Salmond has been a controversial figure (to say the least) in Scottish politics for quite some time. Recently, he sparked further controversy when he introduced his newly founded Alba Party alongside a strategy to secure a supermajority for Scottish independence in the upcoming 2021 Scottish Parliament election. While it is not clear what exactly makes…
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Iain Halliday: Can the Scottish Parliament Legislate for a Second Independence Referendum?
Following the December 2019 election result, which resulted in the Conservative party winning an overall majority, but losing several of their seats in Scotland to the SNP, there has been renewed calls for a second referendum on Scottish independence. There is an ongoing debate regarding whether the Scottish Government and Parliament can hold a referendum…
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Chris McCorkindale and Aileen McHarg: Constitutional Pathways to a Second Scottish Independence Referendum
The Scottish Government’s Case for a Second Independence Referendum On 19 December 2019 – a week after the Westminster General Election at which the SNP, again, won an overwhelming majority of Scottish seats – the Scottish Government published its long-awaited case for a second independence referendum: Scotland’s Right to Choose: Putting Scotland’s Future in Scotland’s…
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Stephen Tierney: A Second Independence Referendum in Scotland: The Legal Issues
Scottish First Minister Nicola Sturgeon today announced the Scottish Government’s intention to hold a second referendum on independence between the autumn of 2018 and the spring of 2019. The move comes in the week when it is widely anticipated that the United Kingdom Government will serve notice under Article 50 of the Treaty of European…
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Graeme Cowie: Scotland and a Second Independence Referendum – The Obstacles and Challenges and the Comparative Solutions
In light of the divergent conclusions the Scottish electorate reached from those of England and Wales in the EU referendum, the spectre of a second Scottish independence referendum looms. Though insisting it is not her “starting point” in discussions with the European institutions and other national governments, First Minister Nicola Sturgeon has indicated that she…