British courts deny the right to decide Scotland
- The United Kingdom Supreme Court has decided in two months: The Scottish Parliament has no competence to legislate on the question of independence, for which the approval of the Westminster Parliament is essential.
The decision has been taken unanimously by the judges of the Supreme Court, and although the coup is hard for the Scottish independentists, it is an expected result. The second referendum on Scottish independence could be held on the table without the approval of Westminster.
This possibility has been rejected by the Supreme Court on the grounds that the Scottish Parliament has no competence on an issue that would question the unity of the United Kingdom. In fact, some "reserved issues" that fall to the United Kingdom are outside the competence of the Scottish Parliament, such as those relating to National Union, currency and foreign policy.
The Supreme Court has stated that the outcome of the referendum would have the authority of democratic expression of the Scottish approach and that the outcome could call into question the relationship between Scotland and England and the sovereignty of the UK Parliament.
The Supreme Court also rejects the request of the SNP to consider as an argument the right of self-determination, considering it null and void. The Supreme Court of the United Kingdom has taken as an example a decision taken by the Supreme Court of Canada in relation to Quebeci, which considers that only in the case of "former colonies, oppressed peoples and groups without access to government" makes sense the right of self-determination as understood in international law, and neither Quebec nor Scotland enter into this casuistic.
Need for independence
The decision has given rise to many reactions. Among them, Nicola Sturgeon, Prime Minister of Scotland. It says that a law that denies Scotland the right to decide without Westminster's consent reveals the myth of the United Kingdom as a voluntary union and puts on the table the need for independence.
He adds that Scotland will not be denied democracy, and he promises that although the Supreme Court’s resolution closes a road, that will not silence what the Scots say independently. Sturgeon has said, among other things, that the forthcoming general elections will be considered as a referendum on independence.
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