The Scottish Government has asked the High Court to give its opinion on whether the Edinburgh Parliament called an advisory referendum on independence. Chief Minister Nicola Sturgeon stated that she would like to hold the second consultation within a decade, on October 19, 2023.
Sturgeon claims that Scotland doesn't have the "full range of levers" necessary to stop anti-union laws being passed by conservatives or to repair the damage done by Brexit. A London guard change would not suffice, as Labor is "appeasers", who don't want to be part of the European Union or have nuclear weapons over child poverty.
The chief minister was even more sneaky after her strong speech to the Scottish parliament. The chief minister announced that a bill was being presented to call the referendum. This power is in dispute because the 1998 Scottish autonomy law reserves to the Parliament of Westminster all constitutional powers of British union.
Sturgeon reduces the length of the path to prevent Boris Johnson's government or citizens from taking the bill before the court. This will also stop successive courts from analysing the case and delaying proceedings. Sturgeon asked the Lord Advocate (a quasi-judicial figure from the Scottish Cabinet) if he would be willing to send a query the Supreme Court.
The legality of an advisory vote will be decided by the highest court in England and Wales. This court has constitutional powers as well as those in Scotland. Sturgeon reminded that the 1997 referendum that established the Scottish autonomous institutions, as well as the 2014 referendum on independence won by supporters, had this nature. The 2016 one that resulted in Brexit was also legal.
After the people voted, the parliaments legislated in those cases to fulfill the wishes of the majority. However, they weren't constitutionally required to do so. The Supreme will decide whether autonomous assemblies are allowed to consult their citizens. Implementing the result would not require a court decision, but be political.
Sturgeon said that if the court refuses to consult Scotland on autonomy, it would be the fault the Westminster Parliament. The Westminster Parliament makes laws and can change them. According to the independence leader, the UK cannot be considered a "voluntary alliance of nations".
His Scottish National Party (SNP), would be going to the next general elections, scheduled for 2024. He will only have one point on his program. It is the question from the 2014 referendum that is repeated in the bill 2022: "Should Scotland become an independent country?" The British elections would become a mock referendum.
Boris Johnson, the Prime Minister of Britain, had declared prior to Sturgeon's announcement that it was "not the time" to hold a new consultation. The Conservative leader stressed that "our plan for a stronger economic system works best if the UK's together." Johnson has repeatedly refused to temporarily transfer power to call a referendum as David Cameron did in 2014.