Looking at all the various ‘routes’ to independence being proposed, it occurred to me that they all ultimately fell over at the same point. Many fell over well before reaching this point. But none made it beyond the point at which the next step involved the Scottish Parliament doing something it lacks the competence to do because the competence is withheld by the British state using the powers afforded it by the Union. This is the sticking point. No proposal which fails to address this point can possibly be viable or credible.
The Sturgeon doctrine purports to overcome the difficulty by proposing to use a Section 30 order ─ a temporary and conditional transfer of limited powers such as to permit an essentially meaningless referendum the outcome of which cannot be implemented without the consent and cooperation of the British government. Importantly, a Section 30 order does not transfer to the Scottish Parliament the competence to authorise and facilitate a democratic event (referendum) which serves as a formal exercise by the people of Scotland of our inalienable right of self-determination ─ what I refer to as a proper constitutional referendum. In other words, the Section 30 process cannot lead to the restoration of Scotland’s independence as it keeps the necessary legislative authority firmly in Britannia’s jealous grasp.
Sturgeon’s “gold standard” is a lie.
The power to conduct a proper constitutional referendum will not be given by the British state. In fact, it cannot be given. The very act of giving precludes the power being sovereign. Being given makes it a devolved power. Power devolved is power retained. The sovereign power to conduct a proper constitutional referendum can only be taken. The only way the Scottish Parliament can have the power to conduct a proper constitutional referendum is to assume that power over any objections by the British state.
The Scottish Parliament can only acquire the competence to hold a proper constitutional referendum by asserting that competence as its due, illegitimately withheld by the British state using the powers of a political union which would not exist had it been subject to the principles and procedures of normal democracy. The Scottish Parliament asserts its primacy on the basis of the exclusive democratic legitimacy it derives from the mandate afforded it by the sovereign people of Scotland. It does so for the specific but not sole purpose of facilitating the exercise by the people of Scotland of the right of self-determination guaranteed to them under international law and unlawfully denied by the British state ─ there being no other way in which the ends of justice can be served.
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