Sunday, 10 August 2014

Dear 200 Lovies ....

Dear 200 'Lovies',

Thanks for your heartfelt, if poorly thought through, concerns for poor, wee, stupid Scotland.

The Scots will vote for what they believe is best for Scotland in September's referendum as an expression of their considered will.

The high level of grass roots activism being seen makes what Darling, Wee Eck or even Patrick Stewart thinks or says irrelevant to most Scots outside of the UK media circus, as they are by and large superficial to the core argument and the question not one person has given an objective answer to:

Just why is the outdated and democratically ineffectual 1707 Treaty of Union of any real benefit to anyone outside of the Westminster political / media bubble?

As a historian Dan Snow should know that the Treaty of Union and the UK it created can only exist with the continuing assent of the two signatory sovereign nations, as the Treaty is an international treaty bound by the Vienna Convention. As such either or both partners can decide to end the Treaty at any time they wish (see Czeck and Slovakia velvet divorce).

If the electorate of England and Wales wished to end the Treaty or 'have a say' they would need to elect a party into Government with that as part of its manifesto. The problem being under English law and constitutional practice no party can be bound by its manifesto once in Government at Westminster. Under Scots Law and constitutional practice a majority government at Holyrood is bound by its manifesto given its is the expression of the people of Scotland's considered will, a considered will which is always paramount given the people of Scotland are sovereign (see Claim of Right 1689 / McCormack vs the Lord Advocate 1953 / AXA et al vs the Scottish Parliament et al 2012).

The 'considered will being paramount' explains why Cameron went from "Referendum! Over my dead body!" to signing the Edinburgh Agreement in under nine months. The UK Parliament has no legal or constitutional basis to prevent the referendum happening because it can have no role in negotiations which will involve changes or alterations to the Treaty of Union - only the two original signatory sovereign parliaments can do this.

This is not what has been sold to the people of England since 1707, what was sold was the idea that Scotland had been subsumed by England and, in effect, had become a region of England ruled by an 'English' Parliament at Westminster run with its laisse faire unwritten constitution which is interpreted much like Humpty-Dumpty in 'Through the Looking Glass' - "... words say just exactly what I say they mean".

Folk in England may not like the idea they are powerless to stop this referendum nor the increasing likelihood it will end the UK Union but you do like to vote for ever more right wing, control freak, neo-liberal, capitalist governments (whether Lablibtory or Toryliblab) and foist them on your partners in the Union.

You have made your bed - lie in it; we are off to Slumberland to have a look for a better one.