The Supreme Court will hear arguments over a potential second independence referendum over the next two days.
The SNP and Scottish Greens both pledged to hold a new vote if elected to the Scottish Parliament, and later formed a coalition government.
However, the UK government will not grant a section 30 order to transfer the powers to hold a vote to Holyrood.
Matters concerning the union are reserved to Westminster, but the Scottish government will argue that it should be able to hold an advisory plebiscite in October 2023.
The SNP itself has also submitted a written argument based on the UN right to self determination.
The UK contends that the court does not have jurisdiction in the matter, as a bill is yet to pass through parliament, but that if it does holding a referendum is not lawful under Holyrood's devolved powers as it represents a constitutional issue.
Read More: Letters: Supreme Court ruling will be a win-win for the SNP
Westminster insists "A referendum is not, and is not designed to be, an exercise in mere abstract opinion polling at considerable public expense. Were the outcome to favour independence, it would be used...to seek to build momentum towards...termination of the union and the secession of Scotland."
The five judges will hear arguments on Tuesday and Wednesday, with a verdict likely to be published later in the year.t
Their judgement is likely to come down to how narrowly the phrase "relates to" in the Scotland Act, referring to matters of the union, should be interpreted.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel