Devolution Issues Under the Scotland Act 1998, Reference by the Lord Advocate (U.K. Sup. Ct.)

Abstract

On November 23, 2022, the Supreme Court of the United Kingdom delivered its judgment on whether the Scottish Parliament has legislative competence to introduce a Scottish Independence Referendum Bill (the Bill) to hold a referendum in Scotland asking the question, “Should Scotland be an independent country?”, or whether this relates to reserved matters to the Union of the Kingdoms of Scotland and England and the Parliament of the United Kingdom under Schedule 5 to the Scotland Act of 1998 (the Act). The Court unanimously concluded that the proposed Bill relates to reserved matters and cannot be lawfully legislated by the Scottish Parliament. The case raises issues about the extent of legislative competence of a UK devolved nation, and whether it can lawfully exercise the right to self-determination under international law when a constitutional framework does not recognize legislative competence to hold an independence referendum.