Scotland’s independence, first Supreme Court hearing begins: analysis of the age-old question

Indipendenza della Scozia, al via la prima udienza della Corte Suprema: un’analisi dell’annosa questione

london – This week is certainly one of the most important and Empire United, There Supreme courtIn fact, it has begun, or rather “opened the dance”, to the process relating to legality or otherwise Scotland to invoke one second referendum for since the separation United Kingdom of Great Britain and Northern Ireland, As is known, the referendum will be the second in less than ten years since 2014, when the remainder was won with 55%.

Before going into the matter, it is necessary to see what happened after all. An independence referendum was held in Scotland in 2014. The latter was approved by Downing StreetResignation by the British Government headed by the Prime Minister
radical David Cameron, The results, as previously noted, were positive in contrast to a segregation and staying in a tricentennial union.

Although 2016 Brexit Referendum This has rekindled the mood of the separatist movement, which, however, entered a phase of hibernation only after 2014. The results of the national referendum to leave the EU actually exposed a rift between Scotland, which voted in a majority to remain in the EU, and the rest of the country, notably England, which instead voted to leave. Voted.

Therefore, starting in 2016, a real “rumba“between the Scottish government, led by the Scottish Independence Party (SNP), and the British government, led by the Conservatives. Sturgeon has his foot on the accelerator for the goal of a second referendum.

known as the arrival of covid Then he changed plans and the issue remained under wraps until the end of the pandemic emergency. A turning point this summer with Sturgeon’s announcement of Edinburgh’s parliament to hold a referendum on October 19, 2023. However, this declaration was not digested by Westminster, apart from answering several times that Scots already had a chance to vote and that the referendum should be one per generation, opening the constitutional question. Indeed, the British Government, now headed by Liz Truss, has declared that the powers to call a referendum of this magnitude are not in the hands of the Scottish Government and/or the Scottish Parliament, but with London.

The constitutional issue then reached the UK Supreme Court, which was asked to settle the “pest” question as to whether Holyrood could hold a Scottish independence referendum without the Westminster Agreement. Two days have been set aside for the London Supreme Court hearing, which begins on 11 October.

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Scotland’s position on the jurisdiction of the Supreme Court to call or refuse to give a referendum

Lord Advocate Dorothy Bain, the Scottish Government’s chief legal counsel, said the decision was “public interest,

However, the UK government wants the court to refuse to make the decision. The latter says that the matter is outside the purview of the court’s jurisdiction. The UK government opposes Prime Minister Nicholas Sturgeon’s plan to hold an independence referendum on 19 October 2023. However, Scotland maintains that the referendum is only “consultative” and does not affect the legal status of the union.

,I don’t think it is in public interest or on question of law of this I must be of extraordinary public importance to the people of Scotland and the United Kingdom Affects the referee“, to be confirmed Lord Advocate Dorothy Baintop legal officer
of the Scottish Government. In fact, technically, Ms Dorothy Bain should be the one who advises the Scottish government on constitutional law and therefore should be the one to suggest and allow or not allow the referendum.

,It is not constitutionally appropriate for a law officer to do such a thing. only this court [Suprema] Can provide official decisions and provide certainty and clarity to the Scottish Government, Scottish Parliament and voters,

Politically, Scottish Prime Minister Sturgeon has announced that she will respect the court’s decision, but if the decision goes against the Scottish government, she will contest the next general election entirely on the issue, effectively making it independence. Will vote.

UK’s position in the jurisdiction of the Supreme Court to call or reject a referendum

The UK government is represented by Lord Keith Stewart Casey, Advocate General for Scotland, who would argue that an independence referendum explicitly deals with constitutional matters reserved at Westminster.

In August, he told the Supreme Court that “refusal to fix adjournment“, saying that it was outside the jurisdiction of the court. However, he also claimed that even if the court had decided jurisdiction over the matter, Holyrood would not be able to hold a valid referendum.

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Scotland ActThe law which transferred certain powers from the central government to the government and the Parliament of Edinburgh in 1998 states that “Union of the Kingdoms of Scotland e England“There is a matter reserved for Westminster.

The court will also consider the written request of the SNP. This document emphasizes the right to self-determination, protected by the International Convention on Human Rights, which states that this should be taken into account when interpreting the Scotland Act 1998.

The British government also rejected Scotland’s position on the question that the referendum would be only consultative and not enforceable. In fact, according to the United Kingdom, despite being technically consultative, the calling of elections would only serve to open up the process of secession and would not cost any public money to sway citizens’ opinion. Furthermore, the Government of Westminster makes it clear that the Scottish Government is clearly aiming for independence.

Supreme Court position

The first hearing began yesterday and the following judges are presiding over the case: Lord Reed, Lord Lloyd-Jones, Lord Sales, Lord Stephens and Lady Rose.

The Supreme Court, as a practice, has not leaked anything about the status or otherwise of the judges presiding the hearing. Freedom of justice from political issues and ideas is, in fact, a cornerstone of British democracy.

However, earlier senior Supreme Court Justice Lord Reid had warned that the hearing was only “tip of the iceberg“. He explained that there are more than 8,000 pages of written material and it is likely that it will take a few months before the sentencing is done.

Status of Royal Institute of International Relations – Economic Questions

The Scottish question has been analyzed by many political and academic figures, but I think it is to our advantage to take a look at what has been analyzed in the past. chatham house (Royal Institute of International Affairs), the second most important study center specializing in geopolitical analysis and global politico-economic trends.

Following the Scottish elections of 2021, which saw a pro-independence coalition form a majority, Chatham House conducted a 2-person interview with Philip Rycroft, a former senior civil servant who had left as permanent secretary in the department. had worked in. The Union from 2017 to 2019, and Dr Kirsty Hughes, Director of the Scottish Center on European Relations.

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The following is a very interesting question raised by Chatham House: “Scotland It represents about 8% of the UK economy, although Scotland has a third. a large percentage of the UK’s landmass and natural resources Including Renewable Energy of the United Kingdom. so what will be the effect Economic on Britain’s loss to Scotland?,

The responses were different between the two related, but not necessarily opposite. Philippe Rycrof In fact he explained that the economic power of the United Kingdom “Will not done remarkably weak. There will certainly be some loss from the loss of Scottish economic capabilities, such as natural resources and certain coveted products, as well as Its potential in the research base and capabilities of the Scottish population. but since The economy is huge, these losses will be absorbed and not They will over time physically disrupt the rest of the UK economy.,

Kirsty HughesInstead “The devil will be in the details. The SNP says it wants an independent Scotland to join the EU and that most of Scotland’s trade with the rest of the UK is for services not covered by the Brexit agreement between the EU and the UK. Scotland also exports energy to the rest of the UK and should therefore be in line with EU energy policy. As Brexit has shown, such problems could complicate trade and increase the cost of trade between Scotland and the rest of the UK.,

However, the question of liberty is not merely an economic fact, but a human, emotional and related question that mere numbers cannot definitively explain. Whatever the case, the Scottish question will be at the center of British and non-British political debate for a long time.

YouTube Photo Source – UK Supreme Court


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