Tag: Scottish Referendum
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News: Scottish Referendum Question Appears to be Resolved.
The debate over the legality of a Scottish referendum appears to be over. The media are reporting that the Scottish and Westminster governments are on the verge of agreement, using a section 30 order to mandate the Scottish Parliament’s referendum legislation. The Scottish Parliament will get to set the question, the timing, and be able…
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Nick Barber: The Virtues of Advisory Referendums
The question of the capacity of the Scottish Parliament to hold an advisory referendum is one that has exercised contributors to this blog. The dispute turns on a piece of statutory interpretation. The law in question is found in section 29 of the Scotland Act 1998. This states, in brief, that an Act of the…
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House of Lords Select Committee on the Constitution Produces Report on Legality of Scottish Referendum.
The House of Lords Select Committee on the Constitution has published a report on the legal issues raised by the proposed referendum on Scottish Independence. One of the issues they discuss is the capacity of the Scottish Parliament to legislate for a referendum without the support of the Westminster Parliament. They conclude: “An authoritative determination…
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Grégoire Webber: On Independence for Scotland: An Overview Of Canadian Experience
Canadian constitutional experience with federal-provincial relations and a bill of rights has provided a point of comparison for the United Kingdom’s devolution measures and Human Rights Act. Today, with the question of Scotland’s independence animating constitutional debates, Canadian constitutional experience seems, once more, to offer a point of comparison. This post offers an overview of…
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Gavin Anderson et al: The Independence Referendum, Legality and the Contested Constitution: Widening the Debate
Two weeks ago, the UK Government published its consultation document on Scotland’s Constitutional Future, in which it stated its view that the Scottish Parliament has no power to enact legislation authorising a referendum on the question whether Scotland should become independent from the United Kingdom. Last week, the Scottish Government published its own consultation paper,…
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Adam Tomkins: The Scottish Parliament and the Independence Referendum
I read with great interest the stimulating post written on this subject by Nick Barber. He makes three points that I would take issue with. The first is a detail, but an important one none the less. Nick summarises the position of the UK Government as being that the UK Parliament can delegate to the…
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Cormac Mac Amhlaigh: … yes, but is it legal? The Scottish Independence Referendum and the Scotland Act 1998
The question of the legality of a referendum on Scottish independence pursuant to an Act of the Scottish Parliament has been a hobbyhorse of Scottish constitution- watchers since before the Scotland Act 1998 (SA) came into force. It has now entered the national (British) political fray front and centre, in the form of the spat…
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Christopher McCrudden: Scottish Independence Referendum: the Northern Ireland and international human rights law dimensions
Nick Barber’s post on a Scottish referendum raises many interesting issues, not least the implications of setting the issue in the context of British constitutional development as a whole. He misses at least two pieces of the jigsaw, however, which need to be factored in if a more comprehensive view is to be taken. The…
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Nick Barber: Scottish Independence and the Role of the United Kingdom
It now seems certain that there will be a referendum on Scottish independence in the near future. This call for a referendum has thrown up a number of tricky constitutional issues: in particular, who can call a referendum, and the constitutional consequences of a yes vote. This post reflects on some of the legal and…