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

Author: Marc Weller
Published: 13.12.2022
In a previous post, I introduced the recent decision of the UK Supreme Court that the Scottish parliament lacks the authority to legislate for an independence referendum. This post will focus on the part of the Court’s judgment where it 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. Self-determination ‘not in Play’ As detailed in the previous post, the argument that the people of Scotland are entitlted to exercise the right…