14 May 2024
Climate, Constitution and Party Politics
Recent developments in Scotland in relation to climate targets have presented interesting questions for both constitutional and climate law. After proudly announcing itself as a nation with world-leading targets for reducing greenhouse gas emissions and giving these legally binding status, now that it has been realised that the 2030 target will not be reached, that target has been abandoned. In turn, this has been the catalyst for the break-up of the two-party arrangement that supported the government and the resignation of the First Minister who faced losing a vote of confidence. Continue reading >>
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13 February 2023
A New Battlefront for Scottish Nationalists in the United Kingdom
By blocking the Gender Recognition Reform (Scotland) Bill, the UK Government is showing that it is now ready to police the boundaries of devolved competence more robustly, especially when it believes legislation is being used deliberately to veer into reserved matters. It is perhaps also now asserting a more homogeneous approach to fundamental human rights values, an assertion which is the hallmark of other federal systems. The current debate also exposes that the radical devolution of so many powers to sub-state institutions over the past two decades without serious thought being given for the potential impact of this process upon the maintenance of coherent state policy was perhaps ill-advised and requires correction. Continue reading >>24 November 2022
Scottish Independence on Hold
The UK Supreme Court has ruled that the Scottish Government does not have the power to call a new referendum on independence, blocking the SNP administration's apparent plans for a non-binding referendum in October next year. The ruling confirms the inability of Scotland's politics to resolve constitutional issues as it currently established. Politics will follow, but there is no clearer route to resolving the constitutional issues at play now than before the ruling. Continue reading >>
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23 November 2022
Not Just an Enhanced Opinion Poll
The UK Supreme Court judgment provides a robust protection of reserved matters under the Scotland Act, despite its shortcomings. This will likely end the legal manoeuvring of the Scottish government towards a second referendum. Instead, the political process is back in the driving seat (as it needs to be) and it now appears more likely than ever that the SNP will contest the next general election on an entirely Scottish independence-based platform. The future of the Union and the UK Parliament remains legally and politically precarious. Continue reading >>
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14 October 2022
A Second Scottish Independence Referendum in the UK Supreme Court
On October 11 and 12 an important case was argued in the UK Supreme Court over whether the Scottish Parliament has the competence to enact an independence referendum Bill. The Lord Advocate, Dorothy Bain KC, the principle Law Officer for the Scottish Government, brought a reference to the Supreme Court under the Scotland Act 1998 Schedule 6 paragraph 34. Even though the prospects for the case are unencouraging, an independence referendum is only one limb of the Scottish Government’s planned strategy for independence. Continue reading >>17 May 2021
Fast-tracking Scotland’s re-entry to the EU
As the dust settles with a pro-independence - though not an SNP - majority in the Scottish Parliament after the May 2021 elections, it is worth considering what an independent Scotland’s (accelerated) path back to the EU could look like. Increasing the speed at which an independent Scotland could rejoin the EU is primarily an issue of political will and domestic preparation. Continue reading >>30 March 2021
Hercules comes to Scotland
In a landmark case, the Outer House of the Court of Session in Scotland on 24 March 2021 declared that the closure of worship places in Scotland was a disproportionate interference with the right to freedom of religion and freedom of assembly under article 9(2) and 11 of the European Convention of Human Rights. The judgment is as an example of anxious scrutiny in judicial review of administrative action in the pandemic context. His consideration of the evidence concerning closure of worship places strikes as well documented and highly demanding assessment. Given the exceptional circumstances in which governments are crafting their emergency responses to the pandemic, pitching proportionality assessments as Lord Braid does is concerning. Continue reading >>
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28 January 2021
Striking While the Iron is Hot
Boris Johnson will reportedly head to Scotland this week in order to demonstrate the benefits of the British union. His visit is likely triggered by the 11 point ‘roadmap’ unveiled on Sunday by the Scottish National Party (SNP) to hold another independence referendum. The United Kingdom is at a critical juncture: the country risks becoming a ‘failed state’ unless the Scottish issue can be resolved. Continue reading >>
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21 December 2019
Why Scotland’s Journey to Independence Needs to Include another Stop in Westminster
Much as some of its members might wish it otherwise, the Scottish Parliament is a parliament of limited legislative competence, and it is not unlikely that not having the power to legislate for an independence referendum is among those limits. Continue reading >>02 November 2019