Friday, 22 June 2018

Scotland does not exist

There we have it folks, according to the Tory Party's man in Scotland, Scotland does not exist in any meaningful form.

According to Andrew Ticknell, Fluffy and his pals are right, we do not exist and are at Westminsters' beck and call to be toyed with and ignored at every turn. There is no legal magic bullet to prevent this from happening, apparently all the rights of Scotland preserved for all time by the Treaty of Union including Scots Law and constitutional practices are null and void, though not English Law and constitutional practice which Mr Ticknell appears to agree remains paramount, as far as the UK Parliament and "British Constitution" are concerned.

If there is no legal redress available to Scotland, according to Mr Ticknell, to legitimately remove the English overlordship inherent in the English Legal and Constitutional domination at Westminster and thus a UK Parliament in name only, from Scotland for fundamental breaches of the Treaty of Union, then what is actually left?

I remember a professor at University bewailing the increase of people specialising in ever smaller areas of expertise, while they knew a lot about little, he said, the bigger problem was they knew little about a lot. The specialist lost the big picture view of their field whether in medicine, as in the case he was discussing, or knowledge in general.

Mr Ticknell is very knowledgeable on UK constitutional issues, that is his chosen speciality, but occasionally I ponder if it has blinded him to the legal and constitutional basis of the much abused and misbegotten Treaty of Union and the breaches of Scotland's fundamental rights, as pointed out by Lord Cooper in his seminal paper in 1953. A paper in which he made clear the UK Parliament had and has no legal or constitutional powers to alter any clause of the treaty protected for "all time". This includes Scots Law and constitutional practice which does not recognise the solely English Law and constitutional practice of the "Crown in Parliament",  the legal and constitutional basis for much of the imposition of bills and acts of the UK Parliament which are detrimental to Scottish interests; of which the current Brexit Bill is just the latest of many.

Scotland is trapped in an abusive, English dominated relationship yet simply has to take it, because?

The Scottish Parliament has made clear, by a large majority, the wishes of the sovereign people of Scotland on the issue of Brexit. The SNP Government in Scotland has sought many ways to lessen the impact on Scotland of this fundamentally destructive bill to little or no avail. The people of Scotland, by a more sizable winning margin than the independence referendum, have made clear they wish to remain within the EU and are being now removed against their sovereign will. Yet there is no legal challenge that can be mounted against a UK Government we did not vote for, in a UK Parliament which over the last 50 years has seen Scotttish representation reduced to a rump to suit the vested interests of both Labour and the Tory Party.

I challenge Mr Ticknell to use his expertise to stop telling us what we as Scots can not legally do to stop the emasculation of Scotland by the illegitimate abuse of the Treaty of Union at an ever increasing dysfunctional UK Parliament but instead use his undoubted knowledge on constitutional issues to reverse this state of play or is he so hypnotised by the snake of the non existent "British Constitution" that he is reduced to hand wringing and breast beating while crying, "Its no fair but we cannae dae anything, it's aye been!" He is a lawyer, their job is to find the loop holes and there must be many you can drive a horse and cart through in the mythical and fundamentally porous "British Constitution".

The next few months will see whether the Parliament of Scotland enacting a Universal Declaration of Independence and terminating the Treaty of Union becomes our only solution as clearly the Parliament at Westminster does not do democracy as the last few weeks treatment of Scotland has made manifestly clear.

The current UK Government and honourable opposition knows they can not allow another Scottish referendum on independence after the sequential unravelling of all the false promises of the "How Now Brown Vow" leaves them with little to defend their lop sided Union. The loss of the cash flow to the UK Treasury from Scotland's exports, according to Bloomberg's US experts will leave the rump UK unable to finance its current level of Government debt. Scotland declaring UDI leaves the rump UK holding the whole of the debt at a level which will make Greece's fiscal disarray post 2008 look like a kiddies piggy bank.

We live in interesting times, indeed.