如何 (不) 分裂:构成权力和苏格兰独立的替代途径
Oxford journal of legal studies
|March 11, 2024
概括
英国最高法院裁定,在没有英国政府同意的情况下,苏格兰不能举行第二次独立公投. 虽然理论上可以通过立宪权来实现,但其他途径面临重大障碍,使政治谈判成为唯一可行的实现国家地位的途径.
科学领域:
- 政治科学 政治科学是指政治学.
- 宪法 宪法 宪法 宪法 宪法 法
- 苏格兰的独立 苏格兰的独立
背景情况:
- 英国最高法院2022年10月的裁决否认了苏格兰议会立法第二次独立公投的权力 (Indyref 2).
- 这一决定取决于英国政府没有根据1998年苏格兰法案第30条的授权令.
- 由于没有即将颁布的命令,因此需要探索实现苏格兰独立的替代策略.
研究的目的:
- 分析第二次苏格兰独立公投的潜在替代途径.
- 检查与苏格兰自决有关的宪政权的概念.
- 评估公投选举和未经授权的公投的可行性和障碍.
主要方法:
- 立宪权力作为苏格兰独立的理论基础的法律和政治分析.
- 检查两个具体的替代途径:全民投票选举和未经授权的公投.
- 评估与每个拟议的途径相关的实际和法律挑战.
主要成果:
- 如果苏格兰人民被认为是宪政权的持有者,那么公投和未经授权的公投在理论上都是可能的.
- 对于这两种替代途径,存在重大法律和政治障碍.
- 这些障碍使得这两条考察的路线对于实现国际公认的国度是不切实际的.
结论:
- 虽然苏格兰人民可能拥有宪政权,但通过全民投票选举或未经授权的公投行使宪政权却面临着巨大的障碍.
- 分析表明,这些替代路线不太可能导致成功和公认的独立结果.
- 苏格兰政府和英国政府之间的政治谈判仍然是苏格兰实现国际公认国家地位的唯一可行的策略.
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