Archive | 19:46

Article 50, the Articles of Union and using the Royal Prerogative to end the union between Scotland and England

7 Jan

Aberdeenunilaw

This blog post is by Scott Styles.

The use of the prerogative power to invoke Article 50 of the TEU has been much discussed since the Brexit vote on 23 June 2016 (including this initial post on the matter and a follow-up post). The present author believes that only an Act of Parliament can be used to invoke Article 50 but if I am mistaken then a very interesting route to Scottish independence potentially opens up.

If the UK government were to persist in arguing that the Prerogative can be used to trigger Article 50 and that submission were to be upheld by the courts then that will logically lead to a conclusion that Westminster will not welcome: that the Prerogative can be used to dissolve the Union between Scotland and England.

To understand why we must look at the often overlooked legal mechanics of the union between…

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The crucial year

7 Jan

Wee Ginger Dug

The candidates for the Labour leadership and the Scottish Conservative branch office manager are lining up to say how much they oppose Scottish independence. Today it’s the turn of Labour leadership hopeful Jess Phillips, who’s relying on her reputation as a media personality in order to mask the fact that she has a poor grasp of democracy. Jess doesn’t think that there’s a mandate for another independence referendum because the SNP won “only” 45% of the popular vote in Scotland in the recent general election. By that logic, there has never been a Westminster government with any mandate to do anything at all.

When the Labour party under Tony Blair won its landslide victory in 1997, it achieved 43.2% of the popular vote, considerably less than the SNP managed in Scotland in December. In the 2001 General Election, Labour won with 40.1% of the vote. In the 2005 General Election…

View original post 1,639 more words

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