The
UK Supreme court has a problem by its own admission its English judges
can not rule on issues pertaining to Scots Law and this was why, as an
after thought, Blair and Derry Irvine had to invite Scottish Law Lords
to join the UK Supreme Court. This was never Blair's intention.
The big problem here is in AXA et al vs The Scottish Parliament (Asbestos Plaques) the judges, in part of their judgement, stated they could not set aside a bill of the Scottish Parliament which reflected the sovereign will of the people of Scotland, as voted on by their representatives at Holyrood. The Brexit Bill of the Holyrood parliament has exactly this majority backing from its elected representatives.
Lord Cooper in his 1953 review of McCormack vs the Lord Advocate made clear that the claim for Westminster's sovereignty based on the "Crown in parliament" had no equivalent in Scots Law or constitutional practice as the Scottish people are sovereign and the claims that Scotland had been subsumed by England were based on a fundamental error regarding what the 1707 Treaty of Union stated and established.
Further he predicted at some point in the future all the fudges over where the sovereignty of the people of Scotland was enacted and exercised, fudges which had held the Parliamentary Union together ever since 1707 would ultimately fail and give rise to a massive constitutional headache which would have the potential to end the UK Parlimentary Union.
As of today we are at that point, the UK Parliament upheld the reality of the sovereignty of the Scottish people in a SNP debate on the issue, it is clear the Tories already believe they are heading for another defeat in the UK Supreme Court and are already talking about how they are going to subvert the very court which was supposed to prevent this from happening, if Blair and Derry Irvine had got their way.
We were told, by experts in the media and BBC, Holyrood would lose the AXA case and Holyrood would be a laughing stock. A lot of legal experts then claimed AXA would have won but the used the wrong legal argument. It appears the same "experts" are being trundled out by the same media mouthpieces of the British Establishment this time around, as well.
This time the stakes are even higher, the British Establishment knows this, and what ever the outcome I will be ready for a rapid independence referendum within a few months.
The big problem here is in AXA et al vs The Scottish Parliament (Asbestos Plaques) the judges, in part of their judgement, stated they could not set aside a bill of the Scottish Parliament which reflected the sovereign will of the people of Scotland, as voted on by their representatives at Holyrood. The Brexit Bill of the Holyrood parliament has exactly this majority backing from its elected representatives.
Lord Cooper in his 1953 review of McCormack vs the Lord Advocate made clear that the claim for Westminster's sovereignty based on the "Crown in parliament" had no equivalent in Scots Law or constitutional practice as the Scottish people are sovereign and the claims that Scotland had been subsumed by England were based on a fundamental error regarding what the 1707 Treaty of Union stated and established.
Further he predicted at some point in the future all the fudges over where the sovereignty of the people of Scotland was enacted and exercised, fudges which had held the Parliamentary Union together ever since 1707 would ultimately fail and give rise to a massive constitutional headache which would have the potential to end the UK Parlimentary Union.
As of today we are at that point, the UK Parliament upheld the reality of the sovereignty of the Scottish people in a SNP debate on the issue, it is clear the Tories already believe they are heading for another defeat in the UK Supreme Court and are already talking about how they are going to subvert the very court which was supposed to prevent this from happening, if Blair and Derry Irvine had got their way.
We were told, by experts in the media and BBC, Holyrood would lose the AXA case and Holyrood would be a laughing stock. A lot of legal experts then claimed AXA would have won but the used the wrong legal argument. It appears the same "experts" are being trundled out by the same media mouthpieces of the British Establishment this time around, as well.
This time the stakes are even higher, the British Establishment knows this, and what ever the outcome I will be ready for a rapid independence referendum within a few months.
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