Referendum on split would need backing of whole UK

THE 300th anniversary of the Union has reignited intense debate over Scotland's right to leave the United Kingdom.

At the conceptual level, any well-defined group of people, geographical region or sub-unit of a sovereign country has a right to self-determination.

In established democratic nations, the issue of secession is normally settled by way of the ballot box. But which ballot box?

The SNP's promise to hold a referendum on independence if it wins a majority in the May 2007 elections typifies the problem - self-determination cannot be determined by the "self" alone. The right, if it is to be effective, has to be accepted by the remaining regions of the larger nation state and by the international community. The decision to split the nation must be politically and legally valid.

The SNP's approach is politically attractive but legally flawed. The Scottish Parliament cannot legislate on reserved matters and the constitutional settlement set out in the Treaty of Union is one such reserved matter.

Before a referendum can take place, legislation must be enacted setting out the terms of reference of the referendum. It is highly unlikely that even the most ardent nationalist presiding officer could state that such a bill would be lawful. If the bill did pass this legislative hurdle, legal challenges would undoubtedly ensue.

• Alan S Reid lectures in law at Robert Gordon University