Owner59 -> RE: Scottish independence? (1/15/2012 8:49:04 PM)
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From Wikki: Potential consequences Under the current system of devolution for Scotland, the Scottish Government does not have within its remit the power to declare independence from the United Kingdom, with the constitution being a reserved matter for the supreme legislative body in the UK, the Parliament of the United Kingdom, based in Westminster, London.[5] According to the Scottish Government, the proposed referendum is therefore an "advisory referendum on extending the powers of the Scottish Parliament",[21] whose result "will have no legal effect on [the United Kingdom]."[20] According to the Scottish Government's consultation paper published on 25 February 2010, if there was a 'yes, yes' outcome of the poll, then following the "necessary negotiations" between the Scottish and UK governments, "it would then be for the Scottish and UK Parliaments to act on the expressed will of the Scottish people".[20] If there was a yes vote for Proposal 1 (further devolution) but not Proposal 2 (powers for independence), then depending on the measures voted for, they would be implemented by Order in Council, Sewel Motion, or a combination of the two.[20] With regard to legislative competence, the Scottish Government claims that Scottish Parliamentary consideration of a referendum bill, in its proposed draft form, is legitimate, under the built in flexibility of the Scotland Act 1998.[20] The government announce however on the 10th of January that, as the Constitution is in no way a devolved issue, the Scottish Government would have no legislative competence in passing any form of referendum on the subject and as such offered to temporarily provide them with the powers to do so to prevent a protracted legal battle over the issue.
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