Could the Scottish Parliament Stop the UK from Leaving the EU?
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Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#2Clause 28 of the 1998 Act notes at sub-clause 7, in dry terms, with regard to legislative competence that "this section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland." In that single little line is the subordinate nature of devolution. Generally, Westminster will let the Scottish Parliament get on with devolved legislation. Carry on governing. But it is also made clear that Westminster's ultimate sovereignty over the UK, the entire UK, is unaffected.
So in other words, no. The UK Parliament is sovereign over the Scottish one, although by convention they do not usually override it.
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#3The old rule applies: If the headline ends with a question mark, the answer is "no".
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#4So in finest journalistic tradition, if a headline contains a question then the answer to that question is no.
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#5The old rule applies: If the headline ends with a question mark, the answer is "no".
It is called "Betteridge's law of headlines"
https://en.wikipedia.org/wiki/Betteridge%27s_law_of_headline...
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#6This is a lot of words to say "technically maybe, but they're not so stupid as to try without a lot of public backing."
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#7Clause 28 of the 1998 Act notes at sub-clause 7, in dry terms, with regard to legislative competence that "this section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland." In that single little line is the subordinate nature of devolution. Generally, Westminster will let the Scottish Parliament get on with devolved legislation. Carry on governing. But it is also made clear th…
Good, then they would again argue and whine that EU is putting them down like they did for the past 10 years. Enough is enough.
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#8Clause 28 of the 1998 Act notes at sub-clause 7, in dry terms, with regard to legislative competence that "this section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland." In that single little line is the subordinate nature of devolution. Generally, Westminster will let the Scottish Parliament get on with devolved legislation. Carry on governing. But it is also made clear th…
Correct. My view is that Scotland CAN veto, but Westminster can override that veto. It creates a brilliant scenario for Scottish politicians, particularly those who seek independence; by vetoing they gain the support of their constituents while kicking the toxic can down the road to Westminster politicians, who should respect the results of the referendum, creating louder calls for a second Scottish referendum.
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#9The UK has a mandate from the people to leave the EU. Attempting to block the brexit over technicalities in Unionist agreements is a weak position for any politician to take. If the SNP believes they can successfully build a new mandate from the Scottish people to leave the UK, that would be a position of strength and they should work with that.
Re: Could the Scottish Parliament Stop the UK from Leaving the EU?
#10Clause 28 of the 1998 Act notes at sub-clause 7, in dry terms, with regard to legislative competence that "this section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland." In that single little line is the subordinate nature of devolution. Generally, Westminster will let the Scottish Parliament get on with devolved legislation. Carry on governing. But it is also made clear th…
You're right, but I think they could make it very difficult for Westminster if they wanted to. It's not a fight they can legally win, but it could still be in their interests to fight it anyway.
There's a joke going around here in London that we should devolve with them forming Scotlondon and set up immigration controls at M25 junctions. It's becoming pretty clear that a lot of exit voters never imagined it could actually happen and are suffering buyer's remorse.