Scotland Can Veto Brexit (sort of …).

And so it has come to pass. What many thought was unthinkable has happened. The UK will leave the European Union. Many questions still remain unanswered in the heady days after the momentous vote on Thursday last week, not least the role of the UK’s devolved regions in all of this.

The day after the vote, and shortly after the Prime Minister David Cameron had announced his resignation, Nicola Sturgeon, leader of the Scottish National Party and First Minister of Scotland gave a confident stateswomenlike speech. Quoting from the SNP’s manifesto of last month’s Scottish Parliamentary elections she stated that where a majority of the UK voted to leave the EU but a majority of Scotland voted to stay, that this would constitute the ‘material change in circumstances’ which would trigger a new independence referendum. The fact that Scotland voted by 62% to stay in the EU whereas the UK as a whole voted by 52% to leave, mean, she said, that a second Scottish Independence Referendum was firmly back on the agenda again.

On Sunday morning, she further noted in an interview with the BBC, that she would veto any attempt by a future British government to effect the withdrawal of the UK from the EU following the referendum result. This has raised a flurry of questioning of whether this is actually constitutionally permissible.

In this blogpost I will argue why I think it is; that is that the Scottish Parliament does, constitutionally, have the power to use the constitution to attempt to veto an attempt by a British government to take the United Kingdom out of the European Union.

Legislative Consent Motions

Firstly, a brief primer on the constitutional relationship between the British and Scottish Parliaments ...

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