UK Constitutional Law Association

Following the December 2019 election result, which resulted in the Conservative party winning an overall majority, but losing several of their seats in Scotland to the SNP, there has been renewed calls for a second referendum on Scottish independence.
There is an ongoing debate regarding whether the Scottish Government and Parliament can hold a referendum without the consent of the UK Government and Parliament. The reason this is uncertain is because the Scottish Parliament cannot pass whatever legislation it wishes to pass in the same way the UK Parliament at Westminster can. It can only pass legislation if it does not relate to a “reserved matter”. The Scotland Act 1998 lists the various matters which are reserved. One such matter is “the Union of the Kingdoms of Scotland and England”.
So the question is, would an Act of the Scottish Parliament providing for a second independence referendum “relate to” the…
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