UnBinding the Union – The Law of Leaving. A Myth-busting discussion!
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:
- 01:46 “Once in a generation” is just campaign rhetoric. Myth-busting!
- 04:35 “Settled will” is just political rhetoric.
- 06:29 “Supermajority” is not required, the precedent is a simple majority
- 07:13 Scotland would secede from the UK state, not the Act of Union
- 07:47 The Act of Union is subject to the Scotland Act sec 37
- 09:09 The Claim of Right does not confer popular sovereignty
- 11:36 The Treaty of Union confirms Scots are a nation
- 13:12 Scots have the right to self determination, how do we exercise it
- 15:16 Perceptions of fairness
- 18:31 Trust in democratic processes
- 21:15 UK duty of “rigorous impartiality” in NI border poll
- 25:44 Ambivalent Unionism
- 32:08 Citizens Assemblies etc
- 42:42 Independence is a process, not an event
- 45:05 England can vote to leave UK, why not Scotland?
- 49:43 Westminster is blocking democracy.
- You can watch the podcast on our YouTube Channel here: UnBinding the Union
- This podcast follows on from our detailed look at what constitutes a mandate in parliament. “Holyrood – Majority Rules”.
- “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.
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