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Parliamentary Soveignty advice

The legal issue in question is clearly one of parliamentary supremacy, whereby a party desires to question the validity of an Act of Parliament. In February 2001, the Parliament Act 2001 is approved by Parliament and receives the Royal assent. Section 1 of this Act provides that “in the event of a Bill being introduced into Parliament with the intention of granting independence to Scotland, a referendum must first be held... Only if two thirds of those eligible to vote in Scotland, vote in favour of such a change, may Parliament proceed to consider and vote upon such a Bill.” In November 2002, a Bill is introduced into the House of Commons to give independence to Scotland. In accordance with the terms of the Parliament 2001 Act a referendum is held in Scotland. When the result of that referendum is published it appears that 70% of those legible to vote in Scotland have participated and of those 70%, three quarters have voted in favour of Scottish independence. The Independence for ...

Posted by: Sean Wilson

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