Unbinding the Union - the Law of Leaving

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: 00:01:46  "Once in a generation" is just campaign rhetoric 00:04:35  "Settled will" is just political rhetoric 00:06:29   "Supermajority" is not required, the precedent is a simple majority 00:07:13   Scotland would secede from the UK state, not the Act of Union 00:07:47   The Act of Union is subject to the Scotland Act sec 37 00:09:09   The Claim of Right does not confer popular sovereignty 00:11:36    The Treaty of Union confirms Scots are a nation 00:13:12    Scots have the right to self determination, how do we exercise it 00:15:16    Perceptions of fairness 00:18:31   Trust in democratic processes 00:21:15    UK duty of "rigorous impartiality" in NI border poll 00:25:44    Ambivalent Unionism 00:32:08     Citizens Assemblies etc 00:42:42     Independence is a process, not an event 00:45:05     England can vote to leave UK, why not Scotland? 00:49:43     Westminster is blocking democracy. #scottishindependence #constitutionalrights #mythbusting  "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. The Indypodcasters team produce a NEW podcast episode every Friday search for Scottish Independence Podcasts wherever you get your podcasts.  Remember to like and subscribe! Get in touch: Email:  [email protected]  Bluesky: @scottishindypod Visit our website https://scottishindypod.scot for blogposts, newsletter signup and more episodes Subscribe for free to our Youtube channel @scottishindypodExtra for more of our video footage and clips.  Video premieres most Tuesdays at 8pm We're also on TikTok : scotindypodcasters   If you've enjoyed this podcast you might like to buy us a coffee?   https://ko-fi.com/scottishindependencepodcasts or choose us as your Easyfundraising good cause. Music: Inspired by Kevin MacLeod Scottish Independence Podcasts is pro independence but not party political.  Opinions expressed by guests do not necessarily represent our views.