header-logo header-logo

02 December 2022 / Marc Weller
Issue: 8005 / Categories: Features , Constitutional law
printer mail-detail

Indyref2: the Supreme Court has spoken

102820
The Supreme Court has ruled that a second referendum on Scottish independence cannot go ahead without Westminster’s permission: Marc Weller examines its judgment
  • Much of the Supreme Court’s ruling that a second Scottish independence referendum cannot proceed without permission from the UK Parliament focused on whether or not the question could be brought by the Lord Advocate at all.
  • Its finding suggesting that self-determination in the sense of secession does not apply to Scotland, as it does not suffer from repression, exclusion or colonial rule, may need further elaboration and readjustment.

The Supreme Court has spoken. According to its ruling in the reference brought by the Lord Advocate of Scotland ([2022] UKSC 31), the Scottish Parliament lacks the authority to pass a Bill for holding a referendum on possible independence. The reason is that the Scotland Act 1998, which establishes the devolved powers for the Scottish institutions, reserves certain matters for the UK Parliament in Westminster. This includes the independence referendum proposed by the Scottish First Minister (at para [92]).

In reaching this conclusion, the court had to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll