I 'think' the basis of the argument is that UK constitutional law is what happened in the past and what is 'reasonable'.
Labour would say no (to indyref2) - but the supreme court may well disagree which would justify the SNP to convening a constitutional convention - and crucial EU agreement.
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The Supreme Court has already effectively ruled that Scotland cannot hold a referendum unilaterally.

Westminster approval is required under current law.

That’s why the debate now is political rather than legal - about whether the UK Government should grant one, not whether it’s legally obliged to.
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