UK Government wants Supreme Court to throw case out without even hearing the arguments

From SNP Media in the last few minutes, Joanna Cherry:

“The British Government wants the Supreme Court to throw the case out without even hearing the substantive arguments. Their written argument exposes the fact they no longer believe the UK is a voluntary union of nations, instead, they want to impose Westminster control by denying democracy and dismissing the democratic right of the people of Scotland to determine our own future.

“Scotland voted to hold an independence referendum, and the Scottish Government has a mandate to deliver that manifesto commitment – with the backing of the Scottish Parliament. A clear precedent was set by the negotiations leading to the 2014 referendum, when there is a majority in the Scottish parliament to hold an independence referendum the two governments should come together and negotiate the details.

“The Tory government is desperate to prevent a referendum because it fears the result and has run out of any positive arguments for Westminster control. By arrogantly dismissing Scotland’s democratic decisions, Westminster is making the case for independence stronger.”

7 thoughts on “UK Government wants Supreme Court to throw case out without even hearing the arguments

    1. History beyond all doubt as time passes by
      The fog is slowly but surely
      Blown away to reveal with a high degree of clarity,but only so when both sides of any struggle or conflict are
      Studied.
      Given this then here is what such history shall state long after we very soon restore our rightful, Ancient, proud and bold
      Nation
      As you can NEVER govern without consent nor keep in chains peoples thoughts
      And Westminster eventually ran out of viable
      Policies or resources to prevent The Scottish people to exercise their inalienable sovergein power and rights as expressed through their elected representatives in their Holyrood Parliament
      The pages of history are already being written
      But that is how the last words shall be written

      Liked by 1 person

  1. The argument of the UK government (England) is firstly, that the Supreme Court has no jurisdiction over a Scottish referendum.

    If the highest court in the land is ruled out, what legal authority would the UK government refer the issue to, to prevent such a referendum?

    Perhaps they would call in the military, a la Franco-lite Spain.

    Liked by 3 people

  2. I am 72. If we do everything legal and the fascist government in Westminster still keep saying no then by the time I am 75 or thereabouts I will be in jail as punishment for me disrupting the London Underground wearing pro Indy placards and shouting Freedom. Hopefully with a few hundred helpers.

    Liked by 3 people

  3. My apologies for copy and paste from WGD and the somewhat lengthy and colourful responses but perhaps a thought:
    “IIRC it is a clause in the Scotland Act to provide legal clarification to the LA which she used to make the referral – What the AG is attempting to do is conflate that process with case law which has precedent. It is not a case.
    It’s very clear that the LA’s referral and the timing of it caught London with it’s knickers round it’s ankles, now it’s only the trousers around the ankles, knickers repositioned, a dangling strip of toilet roll, and a very bad lingering smell…
    HMG’s desperation to stuff the 2013(?) legal uncertainty genie back into the bottle so they can continue with this absurd “illegal referendum” game is quite preposterously political”

    A response to this post in part was responded thus-
    “Having to rule that the AG in 2012 was talking shite probably weighs more heavily on them than the current AG’s submissions, but their duty is to Law – Despite comment to the contrary over political bias I believe they will adhere to law for both jurisdictions, and it is this which is in the frame – Scot’s Law. That scares the willies out of HMG.
    There is no get out clause for the Union, they made the bed before any of us were even born, they can now lie in it.”

    Viz – Whether the SC buckles to political pressure , or the AG interpretation in 2012 holds, or that of the AG interpretation 10 years later the Union is dead, if the SC upholds the SG’s rights the Union is equally dead after a decade of lies.

    It is HMG and a decade of lies over “illegal referendum” which is in the the dock not the SG, a zero win game for the Union.

    Liked by 2 people

  4. Scotland was guaranteed a separate legal system forever under the terms of the 1707 Agreement. . Scotland was to be treated equally. Blair’s Supreme Court broke the terms of the Agreement. In Scotland sovereignty resides with the people. Scottish Law that must be honoured by Westminster or break an International Treaty.

    UN/EU Law the right to self governance and self determination if people vote for it. Guaranteed under International Law. Representatives of each government can agree a settlement if the majority vote for it. The Illegal settlement Agreement 1707 can be overruled. Not democratic or constitutional any more. Terms of an Agreement imposed on Scotland. Either way the Westminster Gov acts unconstitutionally. Either honour the Treaty of Settlement. Or has to honour and abide by International Law. The right to self governance and self determination if the majority vote for it.

    Like

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