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As much fun as an independence referendum would be, it isn't going to happen. The Scottish parliament does not have the powers to introduce one. Legally it can only do things delineated by the powers devolved to it. The power to do anything that would effect the UK constitution is expressly not devolved to the Scottish parliament, and removing Scotland would definitely alter the UK constitution.

If the Scots Nats produce a bill, the presiding officer has  to withdraw it from being laid before parliament, The only way it can happen is if the UK government agrees and votes it through the UK parliament. and the chance of Smiling Daves mob losing all that possible oil seems rather slim


Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Fri May 6th, 2011 at 05:10:35 PM EST
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I saw Cameron earlier on BBC's webcast saying that if Scotland decides to hold a referendum he would campaign for a no. Sounds to me like they will not challenge it.

As I see it, if you are right, SNP could elect a presiding officer that interprets the devoluation as allowing an advisory referendum, and the Scottish authorities could move on to hold a referendum. If the result is a yes, then the Scottish parliament declares independence. If any step is challenged in court the Scottish government needs only to stall and continue with its actions. An independent Scotland will not fall under UK jurisdiction anyway.

The UK government can at any time stop this by sending in the troops, closing the Scottish parliament and turning it into another type of conflict. But I do not think that would happen.

In general assemblies that declare independence does not have a legal right to do so within the previous state. The crucial point is if they are believed to have the moral right.

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by A swedish kind of death on Fri May 6th, 2011 at 05:37:04 PM EST
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