Scottish Independence And The UK Government’s Unreasonable Refusal To Negotiate

Primary Author or Creator:
Sionaidh Douglas-Scott
Publisher:
Centre on Constitutional Change
Alternative Published Date
2022
Category:
Type of Resource:
Article
Fast Facts

The UK Government’s conduct in refusing to negotiate with Scotland on independence is reprehensible.

More details

Several arcuments should be applied to the outcome of the Supreme Court's decision on the legality of a referendum.

Consent

 

Democracy

Self-Determination

Change of Circumstances

Good Faith

The five arguments above should be asserted as clearly and loudly as possible.

The first ground is that the Union between Scotland and England is voluntary, and Scotland’s consent to this Union was not one-off back in 1707, but ongoing and may be withdrawn.

A second and related argument concerns Scotland’s right to self-determination in international law, which requires the UK to interpret State law in the light of that obligation.

The third ground is the principle of democracy which sustains the legitimacy of elected governments and necessitates that their mandates be taken seriously and not overridden.

The fourth ground derives from manifold legal sources over many areas of law which permit a change of circumstances to negate consent formerly given.

The fifth ground is the requirement to act in good faith, a principle again observed in many areas of law, both explicitly and impliedly."

English