When the Advocate General says Westminster is sovereign and the Scottish parliament is not he is presuming a definition of sovereignty which is fundamentally foreign to the Scottish national constitution. More than this, he is assuming a unicity – a singular notion of sovereignty and power in a singular British state – that has never before been made explicit. He is giving England’s idea of sovereignty priority over that of Scotland. This engenders a worrying logical problem; unicity renders the heretofore existing duality of legal understandings impossible.
Scotland, Brexit, and the First Conditional Tense
We will not get more powers with Brexit. Powers returning to the UK from the EU are matters of sovereignty; the very power that London is determined never to return to the Scottish people.