Following Scotland's overwhelming decision to stay in the European Union, its First Minister, Nicola Sturgeon, says her job is to reflect Scotland's vote to remain in the EU and avoid what she calls the damaging consequences of being taken out against its will.
She told BBC television that this was "uncharted territory" and said she was exploring all options, including a Scottish Parliament vote against legislation that may be required before the UK leaves the EU.
"Would there have to be a legislative consent motion or motions for the legislation that extricates the UK from the European Union?" Ms Sturgeon said.
"Looking at it from a logical perspective, I find it hard to believe that there wouldn't be that requirement.
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"I suspect that the UK government will take a very different view on that and we'll have to see where that discussion ends up."
At issue is the principle that if Westminster is going to legislate on devolved matters then it should get the consent of the Scottish Parliament, also known as a legislative consent motion.
James Cameron, a PhD student studying Scottish politics at the Australian National University, said the issue of a legislative consent motion was a matter of debate in the UK.
"There are those in Scotland, and Northern Ireland, that believe that Westminster would need legislative consent of Scotland and Northern Ireland to rescind its European laws in those jurisdictions," he told SBS News.
"Then you have others who say no, that's incorrect, that the United Kingdom government, the British government, can override the devolved government.
"When the Scottish government, in the past, has tried to use a legislative consent motion, regarding legislation on trade unions, the Presiding Officer of the Scottish Parliament ruled that it did not have the power to override the Westminster parliament and that the Westminster parliament is sovereign."
The Scottish Parliament at Holyrood was created in 1999 with devolved powers from the federal government at Westminster to make laws affecting most day-to-day aspects of life in Scotland, such as education and local government.
Westminster, however, still legislates on national and international issues such as immigration and foreign policy.
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Mr Cameron agreed it was uncharted waters for Europe, the UK and Scotland, but he cited the example of Greenland, which left the European Union in 1985.
"Greenland is a Danish territory but you have this odd situation where Denmark is a member of the European Union, but the territory of Greenland is not,” he said.
"Some have suggested that it's not inconceivable that you could get a situation where Scotland and Northern Ireland negotiate to stay in, and England and Wales negotiate their way out.
"However, that would seem unlikely given that it's the reverse situation to the Danish example."
Ms Sturgeon has said the only way to protect Scotland's position in the European Union may be to become an independent country.
She has raised the possibility of a second referendum on Scottish independence after the first one in 2014 was rejected with 55.3 per cent of Scottish residents against to 44.7 per cent for independence.
Mr Cameron said Ms Sturgeon’s Scottish National Party currently does not have a majority in the Scottish parliament and would need the support of the Greens to legislate another referendum.
“As Nicola Sturgeon has said, given that there’s been a material change in circumstances since the last independence referendum, and the ‘No’ side in that referendum in 2014 were saying that the only way to keep Scotland in the European Union is to vote No," he said.
"Now that’s been proven false, there’s been a completely new set of circumstances."
