The UK Supreme Court in the Scottish case: revitalising the doctrine of remedial secession

Author: Kushtrim Istrefi
Published: 14.12.2022
On 23 November 2022, the UK Supreme Court issued an important judgment on the question of the Scottish referendum. The judges unanimously ruled that the Scottish government could not pass legislation paving the way for the second referendum without the approval of the UK parliament. The reasoning of the UK Supreme Court is heavily based on the national law. However, as the Scottish National Party relied on the right to self-determination, the UK Supreme Court had to also examine the scope of the right to external self-determination outside the colonial context and to determine whether it applied in the case…