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Unbinding the Union - the Law of Leaving
What are the legal routes to an independence referendum—and who gets to decide? Fiona and Marlene bring you the standout highlights from Holyrood’s Constitutional Committee, featuring evidence from top constitutional lawyers. Expect myth-busting (goodbye “once in a generation”), clear-eyed legal analysis, and some unexpectedly rich discussions about trust, fairness and the health of democracy itself.
Key points:
00:01:46 "Once in a generation" is just campaign rhetoric
00:04:35 "Settled will" is just political rhetoric
00:06:29 "Supermajority" is not required, the precedent is a simple majority
00:07:13 Scotland would secede from the UK state, not the Act of Union
00:07:47 The Act of Union is subject to the Scotland Act sec 37
00:09:09 The Claim of Right does not confer popular sovereignty
00:11:36 The Treaty of Union confirms Scots are a nation
00:13:12 Scots have the right to self determination, how do we exercise it
00:15:16 Perceptions of fairness
00:18:31 Trust in democratic processes
00:21:15 UK duty of "rigorous impartiality" in NI border poll
00:25:44 Ambivalent Unionism
00:32:08 Citizens Assemblies etc
00:42:42 Independence is a process, not an event
00:45:05 England can vote to leave UK, why not Scotland?
00:49:43 Westminster is blocking democracy.
#scottishindependence #constitutionalrights #mythbusting
"Contains information licensed under the Scottish Parliament Copyright Licence". Clips come from the Constitution, Europe, External Affairs and Culture Committee meetings held on 13th and 27th November and 11th and 18th December 2025.
The Indypodcasters team produce a NEW podcast episode every Friday search for Scottish Independence Podcasts wherever you get your podcasts. Remember to like and subscribe!
Get in touch:
Email: [email protected]
Bluesky: @scottishindypod
Visit our website https://scottishindypod.scot for blogposts, newsletter signup and more episodes
Subscribe for free to our Youtube channel @scottishindypodExtra for more of our video footage and clips. Video premieres most Tuesdays at 8pm
We're also on TikTok : scotindypodcasters
If you've enjoyed this podcast you might like to buy us a coffee?
https://ko-fi.com/scottishindependencepodcasts
or choose us as your Easyfundraising good cause.
Music:
Inspired by Kevin MacLeod
Scottish Independence Podcasts is pro independence but not party political. Opinions expressed by guests do not necessarily represent our views.
View all episodes
By YesCowal Podcasts
3.8
44 ratings
What are the legal routes to an independence referendum—and who gets to decide? Fiona and Marlene bring you the standout highlights from Holyrood’s Constitutional Committee, featuring evidence from top constitutional lawyers. Expect myth-busting (goodbye “once in a generation”), clear-eyed legal analysis, and some unexpectedly rich discussions about trust, fairness and the health of democracy itself.
Key points:
00:01:46 "Once in a generation" is just campaign rhetoric
00:04:35 "Settled will" is just political rhetoric
00:06:29 "Supermajority" is not required, the precedent is a simple majority
00:07:13 Scotland would secede from the UK state, not the Act of Union
00:07:47 The Act of Union is subject to the Scotland Act sec 37
00:09:09 The Claim of Right does not confer popular sovereignty
00:11:36 The Treaty of Union confirms Scots are a nation
00:13:12 Scots have the right to self determination, how do we exercise it
00:15:16 Perceptions of fairness
00:18:31 Trust in democratic processes
00:21:15 UK duty of "rigorous impartiality" in NI border poll
00:25:44 Ambivalent Unionism
00:32:08 Citizens Assemblies etc
00:42:42 Independence is a process, not an event
00:45:05 England can vote to leave UK, why not Scotland?
00:49:43 Westminster is blocking democracy.
#scottishindependence #constitutionalrights #mythbusting
"Contains information licensed under the Scottish Parliament Copyright Licence". Clips come from the Constitution, Europe, External Affairs and Culture Committee meetings held on 13th and 27th November and 11th and 18th December 2025.
The Indypodcasters team produce a NEW podcast episode every Friday search for Scottish Independence Podcasts wherever you get your podcasts. Remember to like and subscribe!
Get in touch:
Email: [email protected]
Bluesky: @scottishindypod
Visit our website https://scottishindypod.scot for blogposts, newsletter signup and more episodes
Subscribe for free to our Youtube channel @scottishindypodExtra for more of our video footage and clips. Video premieres most Tuesdays at 8pm
We're also on TikTok : scotindypodcasters
If you've enjoyed this podcast you might like to buy us a coffee?
https://ko-fi.com/scottishindependencepodcasts
or choose us as your Easyfundraising good cause.
Music:
Inspired by Kevin MacLeod
Scottish Independence Podcasts is pro independence but not party political. Opinions expressed by guests do not necessarily represent our views.
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