Friday, 6 December 2013

The UK Union commits suicide.

I believe the House of Lords are in breach of the Treaty of Union in their attempt to remove powers from Scotland and the Scottish Parliament which do not reflect the considered will of the people of Scotland that more, not less, powers should reside at Holyrood. I base this claim, in part, because recent judgements in the UK Supreme Court and the UK Government's collapse over the referendum in the Edinburgh Agreement makes sections 5 & 30 of the 1998 Scotland Act next to unenforceable given the accepted constitutional reality that the considered will of the people of Scotland is paramount.

The belief the House of Lords has this power to dictate to Scotland is mistaken and lies in the erroneous constitutional claim made by Baggeshotte and others that Scotland's legal and constitutional rights were subsumed within the English Parliamentary concept of the 'crown in parliament' and other constitutional practices, at the time of Union. This is not and never has been the case (see Lord Cooper, 1953, McCormack vs the Lord Advocate) and the considered will of the people of Scotland remains paramount and non-contestable (see UK Supreme Court; AXA vs the Scottish Parliament).

In other words the House of Lords are creating a constitutional crisis by acting outside even the vague UK constitution and assuming powers they do not have (they can not and do not represent the considered will of the people of Scotland for more, not less powers). The House of Lords is purely an English constitutional entity unrecognised in Scots Law and constitutional practice.

I trust the current Lord Advocate will point this out to the UK Government and have the amendment removed on the grounds it is illegal, unconstitutional, not to mention political suicide.

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