The UK Supreme Court Reference on a Referendum for Scotland and the Right to Constitutional Self-determination: Part I

Author: Marc Weller
Published: 13.12.2022
The UK Supreme Court has ruled—unanimously—that the Scottish parliament lacks the authority to legislate for an independence referendum (para 92). Moreover, in passing the Court also appears to have denied that self-determination applies to Scotland. While it is of course true that Scotland is not a colony in the traditional sense, as the Court noted, the ruling overlooks the doctrine of constitutional self-determination. This post introduces the reference to the UK Supreme Court and notes how the Court came to deny Scottish authority to legislate for a referendum. The next post focuses on the somewhat incidental and surprising ruling concerning…