Scotland’s challenge to parliamentary sovereignty: can.
The Scottish Independence Referendum (Franchise) Act 2013 was passed by the Scottish Parliament on 27 June 2013 and received Royal Assent on 7 August 2013. On 15 November 2013, the Scottish Government published Scotland's Future, a 670-page white paper laying out the case for independence and the means through which Scotland might become an independent country.
Parliament is sovereign and it can make any laws it likes. In other countries, Parliaments are not allowed to act so freely, e.g. some countries with written constitutions do not give rights to Parliament to override some constitutional articles without a referendum, whilst some articles cannot be repealed at all e.g. Russian constitution (Art. 2 IF I remember it right.).
Comparing the Scottish Parliament and Welsh Assembly Essay. Comparing the Scottish Parliament and Welsh Assembly On the 1st of July 1999 the Scottish Parliament assumed its full powers and duties. This was a devolved government, where some legislative powers were transferred from Westminster to the Parliament in Scotland.
Should Scotland vote yes next September the legislation on independence would place a duty on the Scottish Parliament elected in 2016 to establish a constitutional convention to prepare a permanent written constitution for Scotland (Scottish Government, Scotland’s Future: Your Guide to an Independent Scotland: p 332). There is understandable interest in what that constitution might say and.
The Referendum Challenge to Constitutional Sovereignty: The Case of ScotlandHistorically, the question of the legality of self-determination through referendums has, as Philip Goodhart noted “almost invariably followed national lines” .One of the most persistent and controversial questions regarding national self-determination and the referendums, is however who is allowed to initiate a vote.
Elliott argues that it is unclear whether “any provision purporting to make the Scottish Parliament permanent would be worth the paper upon which it was printed” due to the doctrine of Parliamentary sovereignty, the absoluteness of which he sees as having been confirmed by LJ Laws in Thoburn v Sunderland City Council (2002) EWHC 195 (Admin), (2003) QB 151: “Being sovereign, (the UK.
Under the Scottish sovereignty approach, the people of Scotland decide through elections whether a referendum should take place. While Scottish or UK elections could be relevant, the status of the Scottish Parliament as the national legislature of Scotland makes it the logical venue for such determinations.