JOURNAL ARTICLE
The Supreme Court's Independence Referendum Decision: What Next for the Scottish Independence Referendum Process?
Published In: Edinburgh Law Review, 2023, v. 27, n. 2. P. 213 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Adam, Elisenda Casanas 3 of 3
Abstract
The article focuses on the implications of the UK Supreme Court's decision in the Reference by the Lord Advocate regarding the Scottish Parliament's competence to legislate for a second Scottish independence referendum. The Court ruled that such legislation would be beyond the Scottish Parliament's powers without a section 30 order from the UK Government, emphasizing that a legally recognized referendum requires UK parliamentary cooperation. The Scottish Government's options include pursuing a "de facto" referendum via a UK general election or campaigning for a negotiated transfer of powers, though internal divisions and recent leadership changes have complicated the strategy. The UK Government, particularly under Conservative leadership, has largely rejected calls for a second referendum, while the Labour Party signals a different approach focused on constitutional reform without endorsing another referendum. The decision underscores ongoing tensions between democratic mandates in Scotland and the UK constitutional framework, leaving the future of the referendum process uncertain but politically significant.
Additional Information
- Source:Edinburgh Law Review. 2023/05, Vol. 27, Issue 2, p213
- Document Type:Article
- Subject Area:History
- Publication Date:2023
- ISSN:1364-9809
- DOI:10.3366/elr.2023.0832
- Accession Number:163996664
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