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The United Kingdom and Human Rights - College of Social ...

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140 Values <strong>and</strong> Civil <strong>and</strong> Political Liberties<br />

with limited local government arrangements. Greater<br />

powers <strong>of</strong> internal self-government have been denied<br />

since 1974 because <strong>of</strong> continuing political differences<br />

between the communities <strong>and</strong> insistence by successive<br />

British governments that power-sharing, <strong>and</strong> not majority<br />

rule, is the only appropriate form <strong>of</strong> administration<br />

in a plural society with deep conflicts about national<br />

loyalties.<br />

Even the degree <strong>of</strong> external self-determination accorded<br />

the people <strong>of</strong> Northern Irel<strong>and</strong> has not been<br />

accorded "the people <strong>of</strong> Scotl<strong>and</strong>," who do not have a<br />

right to intermittent referenda on whether Scotl<strong>and</strong><br />

should continue to be part <strong>of</strong> the <strong>United</strong> <strong>Kingdom</strong>. A<br />

referendum was held in 1979 on devolution <strong>of</strong> power to<br />

a Scottish Assembly in which about 1.2 million Scots<br />

voted for devolution <strong>and</strong> about 1.1 million against.<br />

However, this did not result in change, because the Act<br />

empowering the referendum required an affirmative vote<br />

to consist <strong>of</strong> at least 40 per cent, <strong>of</strong> the electorate, a<br />

criterion not met (those against <strong>and</strong> those abstaining<br />

totalled over 60 per cent, <strong>of</strong> the electorate). In 1990 the<br />

<strong>United</strong> <strong>Kingdom</strong> government then in <strong>of</strong>fice had no<br />

policy <strong>of</strong> ultimately according the Scots internal selfdetermination<br />

by way <strong>of</strong> a local legislature with largescale<br />

devolution <strong>of</strong> power from Westminster.<br />

Northern Irel<strong>and</strong>—an Emergency Case<br />

Northern Irel<strong>and</strong> has also been significant in another<br />

unhappy way. It has been a laboratory for testing<br />

limitations on civil rights, particularly in relation to fair<br />

trial <strong>and</strong> the powers <strong>of</strong> the police <strong>and</strong> armed forces in<br />

time <strong>of</strong> emergency. Since 1972 there has been trial

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