Nicola Sturgeon has not ruled out taking Boris Johnson to court in an audacious bid to force through a second Scottish independence referendum in 2020. The First Minister’s repeated request for a Section 30 order, which would allow Scotland to hold a second referendum, has already been rejected by Downing Street. When questioned on the remaining options for the SNP, Ms Sturgeon did not rule out the idea of testing the limits of the constitution in court, in a bid to see if the Scottish Parliament could legislate for another poll.

During an interview with the BBC’s Andrew Marr, the First Minister explained: “The constitution is reserved under the Scotland Act.

“It’s never been tested what the scope of that reservation is in terms of the ability of the Scottish Parliament, if it has any ability, to have a referendum without the consent of parliament.

“I don’t rule out testing that. If the court said it was legal we would do it.”

However, she admitted that this was not her “preferred option”.

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Senior figures of the SNP like Joanna Cherry have urged Ms Sturgeon to hold a referendum without Westminster’s agreement, sparking a potential constitional crisis in the UK. 

Ms Cherry believes the Scottish Government would win a legal challenge should the Prime Minister go to court.

Ms Sturgeon told Marr she was “working towards” another independence referendum by the end of this year, a position she has held since before December’s general election.

The SNP leader has said she is focused on winning the “political case” for independence, saying that the position of the Prime Minister was “not sustainable”.

She said: “I appreciate that some people are impatient for independence – I’m impatient for independence.

“But what’s most important of all is that we have a referendum that’s legal, legitimate and can actually deliver independence.”

Ms Sturgeon said assertions that the case for independence had “hit a brick wall” were “wrong”.

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She said: “Support for independence is rising. That is the way we win independence but also the way that we break the impasse on the right to choose.

“As a leader, there’s a responsibility to be frank with people and sometimes the hardest thing to do is to be frank with your own supporters.

“I want a referendum that is not just a gesture that allows us to make a point, but a referendum that can deliver us independence.”

Nicola Sturgeon also reiterated her hopes to remain First Minister for at least a few years after it was claimed senior SNP figures are already “fighting like ferrets in a sack” to succeed her.

Ms Sturgeon said she “emphatically” retains the “drive and energy” to perform the role amid increasing speculation about her future. 

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