Indyref2 : who decides?

McHarg, Aileen (2017) Indyref2 : who decides? Scottish Constitutional Futures Forum.

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Abstract

The early months of the 2014 independence referendum were dominated by process issues: who got to decide whether – and if so, on what terms – a referendum would take place? Following Nicola Sturgeon’s call on Monday for a second independence referendum, it looks like process issues will be equally problematic this time around. Disputes over process are attributable to that fact that, while an accommodation was reached last time (via the October 2012 Edinburgh Agreement and subsequent section 30 order) to enable the Scottish Parliament to enact legally-watertight referendum legislation, the underlying legal and constitutional issues were left unresolved.