Scottish independence was never a matter for the courts

It is testament to the SNP’s tactics that today’s Supreme Court judgment on a Scottish referendum happened at all. Of course, the Scottish parliament doesn’t have the power to call referendums: this was an explicit condition of its creation. Schedule 5, part 1 of the Scotland Act spells out the things Holyrood is not allowed to legislate on: among other things, ‘the Union of the Kingdoms of Scotland and England’ and ‘the parliament of the United Kingdom’. So this was never in question, never a matter for the courts. But Nicola Sturgeon pretended otherwise – the better to rally her troops, who always want to believe that battle lies just around the corner. Now that the Court has restated the law – that she cannot call any such referendum – her job is made harder.

The Supreme Court might well have refused to issue any judgment, saying that its judges are not there to provide commentary on blindingly obvious laws.