I think it ' s unlikely , I ' m not a lawyer , but legal friends have told me it ' s more possible than was probably thought when the referendum was called , particularly given the high court judgment . The reason being that the EU is involved with certain devolved matters fisheries being a good example of rights that were devolved to the Scottish Parliament in the Scotland act , but currently being controlled by the EU common fisheries policy take a look at these two taken togetherFisheriesact 2016 article 50 brexit 201611 And the Scottish government will get to present a stronger case than I bet anyone thought possible before . There ' s also an argument based on the 1689 claim of right being presented to the Supreme Court , but it looks weaker to m e c l a i m o f r i g h t b r e x i t c a s e a gainstukgovernmentartical 50 supremecourtAt the very minimum , it looks as if changes will probably have to be made to the Scotland act by Westminster so a good excuse for another delay . Even leavers have to admit that the whole thing is an unholy mess that wasn ' t legally thought through properly before the referendum act was passed .