Judges have been asked to determine whether the Bill pertains to “reserved topics,” meaning it falls under Westminster’s jurisdiction and not Holyrood’s.
Today, the UK Supreme Court will hear arguments on whether the Scottish Parliament can unilaterally declare a second independence referendum.
The case involves the Scottish Independence Referendum Bill, a proposed piece of legislation in the Scottish Parliament.
Nicola Sturgeon has stated that an independence vote may be conducted as early as October of next year.
Judges have been asked to determine whether the Bill pertains to “reserved topics,” meaning it falls under Westminster’s jurisdiction and not Holyrood’s.
In June, when she unveiled the legislation, Ms. Sturgeon urged the Lord Advocate, Scotland’s leading legal officer, to send the Bill to the Supreme Court.
This was done to thwart any legal challenges from her opponents, with the prime minister expressing her desire for an “indisputably legal” referendum.
The government of the United Kingdom, as represented in court by the Advocate General, opposes a second referendum.
The Advocate General has claimed in written arguments that a referendum relates to reserved topics and falls beyond Holyrood’s legislative competence.
As the bill has not yet been tabled to the Scottish Parliament, he has also urged the court to rule on whether it has the authority to hear the matter.
While attending the SNP conference in Aberdeen over the weekend, the prime minister spoke to reporters about the upcoming lawsuit.
Ms. Sturgeon responded, “I am hopeful and optimistic that the Supreme Court will award Holyrood permission to hold a second referendum.”
“However, anyone who knows anything about court hearings would realize that it is futile to attempt to second-guess a court or speculate about its decision.”
