Saturday, 14 June 2014

Making sense of the UK Media line.

To get the smallest sniff of change in England feudal establishment which has remained entrenched since 1215 and the threat it posed to the English crown with the Magna Carta, a document that was only 'Law' for around six weeks, first Scotland has to vote 'Yes' in September - something the UK media is doing everything it can to prevent with its spurious, aggressive and inaccurate articles. The problem for anyone in Scotland who engages their brain is this: 

"Just why does the English Establishment appear to wish to hold onto 'skint, subsidy jock' Scotland?"

I would propose it is something even more important to the English establishment than just money and personal wealth, this about retaining political power for power's sake, the potential threat a Yes vote can bring to the 1,000 years of control of England it has so far exerted for its own benefit.


On a Yes vote the legal and constitutional position of the UK Parliament is undermined simply because it does not have the legal or constitutional right to negotiate for England, Wales and NI alone. It is either the UK's Parliament or it is nothing according to Dr Baker of Oxford University, one of the UK's constitutional law experts.

His view is the only way the negotiations can have legitimacy is for an rUK Parliament to be elected to negotiate with Scotland as only an elected  rUK Parliament will have the legal and constitutional authority under English Law to do so.

My suggestion is that fairly soon after a Yes vote on the 18th of September the UK Parliament will be prorogued and elections called to elect an rUK Parliament. A deal will be agreed to support key UK Government key functions ( treasury, defence, foreign affairs ... ) prior to March 2016 and the formal end of the Union.

The reason the English establishment will act in this manner is to preserve the feudal control it has, in reality, held over England since 1215. UKIP is not a problem to them but a new, truly centre left party arising in England will be. In this scenario a rapid election while folk in England remain indifferent, angry or bemused over Scotland's exit makes a lot of sense.

I am left with a sense that all the negative spin against a Yes vote in the London based media has more to do with keeping the current political status quo, faux democracy in England, than to put the Scots off voting 'Yes'.

5 comments:

  1. You may well be right Peter.
    Whatever their reasons,the English establishment and it's press pack are determined to stop us Scots having democracy.

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  2. I hadn't thought of it like that and you could well be right.

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  3. Reader from Yorkshire writes -
    Another thought provoking post Mr Thomson. What is the legal status of Westminster in English law after the Acts on Union are repealed. Have you a link for Dr Baker?

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  4. Kevin - Dr Baker is an eminent lawyer and historian of constitutional issues - I will try and track down his article which was my source which also confirmed my own research that on a Yes vote the Parliament of England and Wales had to be recalled because under the terms of the international treaty (1706 Treaty of Union) only this parliament could negotiate as one of the original sovereign signatory parliaments. The UK Parliament has no role to play in its own demise as it has no powers or constitutional authority to change or alter the 1706 Treaty of Union in any respect. This Treaty is the only binding international treaty in law, by function of the two separate Acts of Union (1706 England / 1707 Scotland), between Scotland and England (with Wales and NI). The 1801 Treaty of Union was only regarding the incorporation of Ireland's previously autonomous parliament into Westminster and was repealed in 1962. This Treaty could have no bearing on what is about to happen as the particular Treaty of Union was between the Parliament of Great Britain and the Parliament of Ireland. Ending the Treaty of Union ends the Parliament of Great Britain (and Northern Ireland) one of the original signatories to the 1801 Treaty.

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  5. Peter thanks for replying. From my very limited understanding of the law Westminster is a devolved parliament, in the case of Scotland it's powers being devolved from Holyrood by the Acts of the Union, and in the case of England and Wales from the Parliament of England by the Acts of the Union. I do not understand how Northern Ireland fits in legally. I would like to read Dr Baker's article.

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