Scotland held its breath as Britain’s Supreme Court weighed whether the Scottish government should hold an independence referendum or not. And while the road to Scottish independence may seem difficult, the British government is also holding its breath. When Scots voted in 2014 to stay with Britain, Brexit had turned everything around.

So the Scots wanted another referendum, but the London government – led by Truss – forbade it. Therefore, the British courts are considering the matter; to see if they can hold a referendum without London’s permission. But why does the question come up again? According to UK correspondent Joost Dobber of FD, it is mainly Brexit that is causing problems. “In 2014, 55 per cent of Scots voted to live in the UK, but since then Brexit has really changed things in the eyes of the Scottish National Party (SNP).

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Dobber refers to the fact that many Scots choose to remain in the UK so the country will remain within the EU. But in the end they were picked up by British voters. “The normal route would be to ask the London government to hold a referendum, but there has been a stalemate for a long time. They don’t want to give permission, because there will be a referendum in 2014. Then the agreement is ‘we do it once in a generation’, not ‘once in ten years’. The London government is sticking to this, but to break the deadlock, Scotland has gone to court.

Two days

The trial, which will take two days, begins today. Scottish state attorneys appeared in court today to defend Scotland’s case, and Dobber thinks a solid case has been filed. “The state attorney says Scotland has the right to choose its own destiny and he points to the strong mandate of the electorate,” continued Dobber.

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He argues that the SNP – which is for independence – is winning election after election in Scotland. “Nicola Sturgeon has been in power in Scotland for eight years and has been pushing for independence all along. So therein lies the emphasis today, that it would be better if the Scots were allowed to determine their own destiny. And that they had a right, because they voluntarily entered into a union with England. Because if you enter voluntarily, you can also voluntarily choose to leave.’

Chance to succeed

Professor of International and European Law Henri de Waele, who is affiliated with Radboud University, argues that Scotland is facing a difficult time. “Politically, it is a very credible argument that Scotland wants a new referendum, because in 2014 it was said that if Scotland remained in the UK, they would also remain in the European Union.”

However, two years later, Scotland had withdrawn from the Union against his will. ‘So you could indeed say that is reason enough to give Scots a chance to find their way – politically – on their own. So from a political point of view there is a certain appeal to it, although that would be a difficult story from a legal point of view.’

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This is because legislation and legal developments over the past centuries have been so intertwined, as British constitutional law experts also acknowledge. ‘That means Scots can’t suddenly say they are reclaiming the right to stand on their own feet as a nation’, concludes De Waele. ‘So from a legal point of view it’s going to be a very difficult story.’