Two weeks ago, the UK Government published its consultation document on Scotland’s Constitutional Future, in which it stated its view that the Scottish Parliament has no power to enact legislation authorising a referendum on the question whether Scotland should become independent from the United Kingdom. Last week, the Scottish Government published its own consultation paper, Your Scotland, Your Referendum, claiming that the Scottish Parliament can validly authorise the asking of at least some questions about independence, although the document is ambiguous as to whether the Scottish Government believes that it has power to ask its preferred referendum question, namely ‘Do you agree that Scotland should become an independent country?’.
The legality or otherwise of an independence referendum is, from one perspective, a narrow point: a matter merely of process, which could be authoritatively resolved by an express grant of power from either the UK Government (under s.30 of the…
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Utopia, you are standing in it! 
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