Topic Originator: desparado
Date: Tue 24 Jan 18:46
Copied from the Scottish Covenant association…….A long read but interesting.
SCOTLAND´S PARLIAMENT THE RIGHT OF RECALL BY THE PEOPLE
(1) In 1707 the Scottish Parliament met for its last session before the Scottish and English Acts of Union took effect. On 1 May 1707 the formation of the United Kingdom of Great Britain was celebrated with a ceremony in St. Paul`s Cathedral in London. In Scotland, no celebrations were possible because of the unbridled fury of the population.
(2) It is important to be clear as what exactly was done then - by virtue of what constitutional authority on the part of the Scottish leaders is more or less academic at this stage. There exists a widespread myth – peddled by even the most learned historians – that something called the "Union of the Crowns" took place in the year 1603, and something called the "Union of the Parliaments" in 1707. There is not one word of truth in either of these assertions.
(3) What happened in 1603 was a purely PERSONAL UNION - the crowns of two independent states were held simultaneously by one man, without affecting the sovereign independence of either. The union of these crowns into one single monarchy took place only under the terms of the 1707 TREATY OF UNION and the two enabling ACTS OF UNION by the Scottish and English parliaments. Anyone who asserts the contrary should take the trouble to read Article 1 of any of these three measures.
(4) NO UNION OF THE NATIONAL PARLIAMENTS OF SCOTLAND AND ENGLAND HAS EVER TAKEN PLACE. What happened was laid down in Article 3 of the Treaty and the Acts, namely, that the affairs of the Union were to be decided by one and the same parliament. The two national parliaments were not united by this agreement. What happened was that a COMPLETELY NEW Union Parliament was set up at Westminster under the terms of Article 3 - which, unlike Article 1, is a NON-ENTRENCHED PROVISION that can be altered at any time.
(5) NEITHER THE SCOTTISH NOR THE ENGLISH PARLIAMENT WAS ABOLISHED BY THE UNION AGREEMENT. There is not one word in the relevant legislation to this effect. They simply stopped meeting and went into abeyance when the new joint legislature to administer the affairs of the United Kingdom was set up.
(6) There are therefore no obstacles from this source to the implementation of the will of the Scottish people - a will which has been expressed with more than adequate clarity for generations. THE SCOTTISH PARLIAMENT COULD BE RECALLED TO DEAL WITH EXCLUSIVELY SCOTTISH AFFAIRS - as distinct from those of the Union - WITHOUT ONE WORD OF ALTERATION TO THE UNION AGREEMENT. And if the sovereign Scottish people decide that their Parliament is to have further-reaching autonomy involving alterations to the union agreement, then, under international law governing the self-determination of peoples, they are bound to have their way, and no authority at home or abroad has the power to refuse them.
(7) On 1 March 1979 SCOTLAND`S SUPREME CO
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