The Supreme Court is due to give its decision on Decembers Brexit Case appeal from the UK Government sometime later this month. Their judgement will be crucial and far reaching with regards as to how Westminster proceed, and Indeed may be instrumental in the relationship of Scotland in the Union.
During the appeal case itself many watched the proceedings with keen interest even though the arguments were extremely boring in their legalistic delivery.
One respondent who wasn’t granted leave to address the Supreme Court, despite having made a written submission which was accepted by the court was Aiden O’Neil QC
Not being permitted even a mere 45 minutes to speak to his submission, and to be heard by the judges and Indeed the viewing public meant that the vast majority of citizens would be entirely unaware of the weight and meaning of his submission. In effect it was swept under the carpet and not allowed a public airing.
The fact that he was not allowed even the briefest time to speak on his submission to the Court is no great surprise given that his was a challenge to not only the Sovereignty of the Westminster parliament, but to the Sovereignty of the Queen herself, and a challenge to the legal primacy of even the Supreme Court in matters pertaining to Scotland and Europe.
He also delves considerably into the relationship between European Law and Its embedding into Scots Law and how this means that it it cannot be simply removed, whether my Royal prerogative or even simply by Act of Parliament in Westminster.
Although he doesn’t specifically say it, we know for instance that the Tory Westminster government is keen to get rid of the European Convention on Human Rights, and should they endeavour to do so, they would hit a roadblock in Scotland. The same would apply to other EU Laws also embedded in Scots Law.
For those who have not had a chance to read what his written submission was, I urge you to do so now. I provide a direct link below.
It will be of particular interest if the Judges make much reference to his submission in their judgement, or if they avoid doing so like they were holding hot coals in their hands.
It is not just a matter of whether the UK government can exercise the Royal prerogative, but rather if it can even be applied to Scotland if challenged.
The question of Sovereignty whether it be Queen or the people of Scotland who hold that prerogative with regards to Scotland.
Is Scotland to be regarded as an equal country in partnership in this Union, or as a region of England?
Can the UK Supreme Court supersede Scots Law with English Law if it finds in the UK governments favour?
We may be looking at a constitutional crisis far greater than Brexit if the judges make a misstep.