News EditorSolicitors Journal

Supreme Court rejects Scottish referendum bid

Supreme Court rejects Scottish referendum bid

The court confirmed it did not have power over areas of the constitution

The Supreme Court has unanimously rejected a bid by the Scottish government to hold an independence vote without the approval of the UK parliament.

First minister Nicola Sturgeon hopes to hold a referendum on 19 October 2023. However, the UK government has refused to grant its consent to another vote on the issue. Sturgeon and her government had appealed to the Supreme Court to enable them to hold a referendum without the UK government’s consent.

Lord Reed, president of the UK Supreme Court, said it did not have power over areas of the constitution including the union between Scotland and England, and that such issues are reserved to UK parliament. If the two governments cannot agree on the issue, the Scottish parliament is unable to legislate for a referendum.

Commenting on the ruling, public law expert Stephen Parkinson, senior partner of Kingsley Napley LLP and a former deputy head of the Attorney General's office, commented: "This was plainly the correct decision and I am sure that it will not have come as a surprise to Nicola Sturgeon. 

“She needed to show that she had tried to progress the issue of independence notwithstanding the refusal of the UK government to countenance a fresh referendum. Her immediate acceptance of the decision, and recognition that the Supreme Court does not make law and only interprets it, does her credit. Having explored this legal option and signalled respect for the outcome, she will, of course, now continue to agitate politically." 

AdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisement
Latest News

Legal job numbers increase but applications decline

Fri Sep 29 2023

BARBRI candidates outperform SRA average by 13%

Fri Sep 29 2023

Justice delayed as thousands of cases wait more than two years to be heard

Thu Sep 28 2023

Solicitors warned over immigration services

Thu Sep 28 2023

New report highlights the transformative effects of domestic abuse training on family lawyers

Wed Sep 27 2023

Asylum seekers stranded on Diego Garcia win challenge against return to Sri Lanka

Wed Sep 27 2023

UN and coalition of NGOs write to Unilever to voice deep concern regarding victims of violence at Unilever tea plantation

Tue Sep 26 2023

Live Facial Recognition: How to Stay Within the Law

Tue Sep 26 2023

Ethics Institute launches taskforce to examine legal services to oligarchs and kleptocrats

Mon Sep 25 2023
FeaturedThe Law Society intervention ensures liberal approach to dealing with concurrent problems on legal aid
The Law Society intervention ensures liberal approach to dealing with concurrent problems on legal aid
Jeanne Kelly elected President of the British Irish Chamber of Commerce
Jeanne Kelly elected President of the British Irish Chamber of Commerce
Families continue to be victims of a broken justice system
Families continue to be victims of a broken justice system
Call for compensation scheme extension to help more abuse survivors
Call for compensation scheme extension to help more abuse survivors
SJ Interview: Hannah Ambrose
SJ Interview: Hannah Ambrose
Whose human rights are more important, yours or mine?
Whose human rights are more important, yours or mine?