United Kingdom top court to hear Scottish independence case in October
Scotland's nationalist government wants to hold an independence referendum on October 19,...
Scottish government drops the indyref2 lawsuit
The Supreme Court has ruled that the Scottish government cannot hold an independence referendum without the UK government’s approval.
On October 19, 2019, First Minister Nicola Sturgeon intends to organize a referendum.
However, the court decided unanimously that she lacks the authority to do so because Westminster has the last say on the matter.
The formal approval of a referendum has been rejected by the UK government.
According to Lord Reed, the president of the court, the statutes that established the devolved Scottish Parliament in 1999 meant that it lacked authority over certain provisions of the constitution, such as the union between Scotland and England.
According to him, the UK Parliament is in charge of these matters, hence the Scottish Parliament is unable to pass legislation calling for a referendum in the absence of a deal between the two governments.
Additionally, he dismissed the Scottish government’s claim that any referendum would merely be “advisory” and have no bearing on the union’s formal status, asking people just to express their opinions on whether or not Scotland should become a separate nation.
Lord Reed said: “A lawfully held referendum would have important political consequences relating to the union and the United Kingdom Parliament.
“Its outcome would possess the authority, in a constitution and political culture founded upon democracy, of a democratic expression of the view of the Scottish electorate.
“It is therefore clear that the proposed Bill has more than a loose or consequential connection with the reserved matters of the Union of Scotland and England, and the sovereignty of the United Kingdom Parliament.”
When asked about the verdict, Ms. Sturgeon expressed disappointment but said she accepted the court’s decision and emphasised that judges only interpret the law, not create it.
That is a difficult pill for any advocate of independence, and most definitely for any fan of democracy, to swallow, she continued.
The first minister stated at a press conference that she still supported a referendum, but in the absence of a deal, the SNP would use the following UK general election as a “de facto referendum” in an effort to show that the majority of people in Scotland support independence.
The “precise detail” of how this would work will now be a matter for the party to debate, she said, with a special conference to be held in the new year.
Ms Sturgeon said: “We must and we will find another democratic, lawful means for Scottish people to express their will” and accused the UK government of “democracy denial”.
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