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‘British Supreme Court approval will not break deadlock in Scottish independence referendum’

‘British Supreme Court approval will not break deadlock in Scottish independence referendum’

 


The British Supreme Court’s decision predicted that Holy Ludos’ power to hold an independent referendum would not necessarily break the political stalemate on the matter.

The Supreme Court will consider the arguments for and against whether the Scottish Parliament can pass the draft independence referendum over two days, 11 and 12 October.

It will be an important moment when the Scottish government plans to hold a vote on whether Scotland will leave the UK next year.

The case will be broadcast live on the Supreme Court’s website, but don’t expect a dramatic court battle between legal representatives of the Scottish and British governments, and the judge’s verdict will not be available for weeks.

Read more: Gathering in Edinburgh for AUOB March for Scottish Independence

Scottish state advocate Dorothy Bain KC will spend a lot of time explaining both sides’ arguments on the question of whether the draft independence bill has anything to do with the pending issues in Westminster, and the British government is doing so, and therefore has the power to would argue that there is no of Holyrood.

If the Supreme Court decides that the draft referendum bill falls within the powers of the Scottish Parliament, First Minister Nicholas Sturgeon will ask the government to immediately introduce the bill and pass it to Holyrood so that a referendum can take place on 19 October next year. said. .

Dr Nick McKerrell, chief law lecturer at Glasgow Caledonian University, said it is unlikely that the UK government will stop the bill in this scenario, but it is still possible that someone in Scotland will challenge the bill.

Any person in Scotland may object to this bill after it has been enacted in a Scottish court as follows: [what] He said the Whiskey Association had violated the law on minimum alcohol pricing without appealing through the courts.

It could be, but I think the tactic of procrastinating will be minimal, as if there were some Supreme Court decisions that it would be difficult to say that the Scottish courts are not actually the powers of the Scottish Parliament.

I can’t stop someone from raising a challenge, but it will be dismissed very quickly. So, if the Supreme Court decides in your favor, I think there are few legal obstacles that can stand in your way.

But McKerrell said that the Supreme Court’s clear ruling in this way was probably one of the most unlikely consequences.

One of the major challenges the UK government will face is when cases will go to the Supreme Court before the bill passes Parliament where it can be amended.

He said that in other cases where the bill was reviewed by the Supreme Court, with Congress, it did this at the end of the road, not the beginning.

Anthony Salamone says the UK Supreme Court cannot force Westminster to work with Holyrood.

I think that argument is pretty convincing what Lord Advocate said. Without it, there would be a deadlock.

You cannot discuss this idea unless you clearly judge it. [the Lord Advocate] We are not ready to approve the bill on the basis of its current status.

She said the rule of law suggests the need to have this because a large part of Scottish society thinks there should be a referendum.

The UK government has said there is no process for bringing the bill to the Supreme Court, but it is not at this stage and will be later.

McKerrell said this could force the Supreme Court to proceed with the bill, but it could raise another legal problem if the bill changes as it passes Holyrood.

The judge may also proceed to allow the MSP to discuss the bill, but says the legal question of the bill’s validity must be decided at the end of the process.

Of course, the Supreme Court could hold that this bill was not in Holyroods’ jurisdiction. That is, it cannot be submitted to Congress and passed.

In a map of Independence Paths outlined earlier this year, Sturgeon promised that the next step would be to use the next general election as a de facto referendum.

Regarding the political aftermath of the case, political analyst Anthony Salamone said it would make sense as the Scottish government would call for a referendum and break away from the support pattern the UK government rejects.

But he insisted that the British and Scottish governments must work together for independence and that the fact that the matter was settled in court would not change the reality of a political failure.

Whether the Scottish Parliament can legislate a referendum without the approval of the British government is at the heart of the Supreme Court case, he said.

There is a big difference between whether a referendum for independence, backed by both governments, is actually held, and whether an affirmative vote is held between parties that, if chosen by the voters, have a real prospect of achieving independence.

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He added, “Since these two are completely separate issues, the fact that the SNP wins in this Supreme Court case does not mean that an independent referendum that can actually lead to independence must be held,” he added.

Salamone suggested that even if the Scottish government wins, the British government will have the scope to change laws to prevent a referendum and will not feel more pressure to work together for independence.

He added: If the core of this commitment to the courts is to break the deadlock between the Scottish and British governments, the courts cannot necessarily do so.

Courts can clarify laws, but courts cannot make the British government want to work with the Scottish government, and this is the necessary criterion for a truly independent referendum to take place.

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