header-logo header-logo

08 March 2013 / Bob Watt
Issue: 7551 / Categories: Opinion , Public , Constitutional law
printer mail-detail

Party politics

Does the SNP’s suggestion of an independence treat flout the law, asks Bob Watt

Independence Day; the hauling down of the Union Flag and the raising of the Saltire, and, of course, a party; perhaps the biggest for 309 years. If, as the SNP government intends, Scotland becomes A Nation Once Again in March 2016 one might very well expect a party.

Party promise

Would and, more importantly, should it be lawful for the Scottish Nationalists to promise any public celebration which would be contingent upon the electorate, which may be expanded to include 16 and 17 year olds, delivering a “Yes” vote in 2014? Many people would instinctively feel that if a valuable, non-political reward was predicated upon a certain result being obtained that the ballot was less than free and fair. People, not exclusively the young and inexperienced, may be swayed by the promise of a celebration, and any such promise would be held over the referendum result by the Unionist press threatening to deprive it of its validity.

Is it lawful to promise such a treat? Section 114 of the

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll