THE SNP has argued that Scotland’s right to self-determination is “fundamental and inalienable” in a full court submission over a legal bid to hold an independence referendum.
The party of government has published its full submission, which was handed over to the Supreme Court ahead of a legal tussle over whether the Scottish Government’s attempt to hold a repeat of the 2014 independence vote is legally competent.
Scotland’s top law officer, Lord Advocate Dorothy Bain, has referred a draft referendum Bill to the UK Supreme Court to determine whether it is within Holyrood’s powers under the Scotland Act.
The First Minister wants to hold a referendum in October next year but the UK Government has not given permission under Section 30 of the Scotland Act as happened in 2014.
If the advisory referendum is determined to be outwith devolved competence, Ms Sturgeon has insisted that the next UK general election will act as a “de facto referendum”.
The SNP has not been allowed to make “short oral submissions” during hearings scheduled for October 11 and 12, but has been given permission to submit limited written statements.
The submission argues the holding of a consultative referendum “does not result in a reduction in the scope of the powers of the UK Parliament and nor does it, of itself, have any effect on the Union”.
It adds: “Legislation to enable such a referendum does not, therefore, relate to the reservation of the Union nor to the Parliament of the United Kingdom.
"Holding such a referendum, however, represents the expression by a people of their right to self-determination which should not be interfered with except under the clearest and most extreme circumstances.”
The submission argues the right to self-determination is “fundamental and inalienable” and this should be taken into account when interpreting the relevant legislation.
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