Thursday, 5 July 2018

Mundell; Yer Claimed

The Westminster Unionist Parties were left spitting into their beer in the aftermath of the SNP lead debate on the constitutional position of the people of Scotland's sovereignty within the UK Parlimentary system. Much as they desperately wished to to put Scotland in its place or more specifically under their collective thumb by voting down the SNP motion on the status of the continuing legal and constitutional power of the Claim of Right 1689 (Scotland) and its successor versions, their constitutional advisers knew they had to stay shtuum and just take it on the nose.

The reality for the UK Unionist Parties was, if they voted down the SNP motion, they raised the spectre of Liz being requested to remove her arse from the throne of Scotland as she only holds the Scot's throne courtesy of this act of the previous Scottish Parliament. The original act reinforces the right of the people of Scotland to remove any monarch who seeks to impose their bidding on Scotland. In the original Scottish Parliament bills and acts did not require "Royal Assent" as the monarch was subservient to the people and their parliament. It was James VIIth's attempts to force the royal prerogative on Scotland which saw him unceremoniously booted off the Scottish Throne whereas he was "bought off" the English throne by the English Parliament after lengthy and expensive negotiations.

What happened last night was a re-affirmation that the UK Parliamentary Union is a partnership of nations and not one where England rules the rest, as has long been assumed. Mundell and other Tories claims that Scotland was no different than Manchester, in terms of the UK Parliament, have been shown to be false. The whole edifice of Tory UK supremacy steam roller came up hard against the brick wall of Scots Law and constitutional practise, protected for all time by the Treaty of Union, with a shuddering halt and had to retreat with some serious damage to their presumptions.

The spin offs are many and varied from the obvious one of any future independence referendum will not require Westminster's say so if it is the sovereign people of Scotland's stated wish to hold one, such as voting in a majority for parties whose manifestos state the case for a future independence referendum. Others are less obvious such as how can the UK Supreme Court now legitimately oppose the Scottish Parliament's Brexit Bill given it represents the expressed wish of the sovereign Scottish people through their parliament at Holyrood?

Given the Sewel convention has been deemed to only be guidance to the Westminster Government, by the UK Supreme Court, and not binding on it; just how are the Unionist Parties going to square the circle of the refusal of Holyrood's consent to the Brexit Bill?

The majority of MPs from Scotland are SNP MPs, at Westminster, so clearly the SNP have best claim to being the representatives of the sovereign people of Scotland at Westminster. Where does this leave Mundell et al in the UK Office for the Government of Scotland or whatever the Tories are going to call their new "Scotch" department?

What last night's debate has done is to drive a coach and horses through all the old fudges, nudges, winks and made up constitutional conundrums of the "British Constitution" which were used to keep Scotland in its place have now been laid bare in plain sight, Scotland's wishes can not be ignored at Westminster without ending the Treaty of Union by default as the Westminster Parliament has no legal or constitutional power to change the unalienable right of the people of Scotland to be sovereign.

Lord Cooper in his review of McCormack vs the Lord Advocate (1953) made clear that once the issue of all the previous fudges of Scottish Grand Committees and the rest failed, along with the basic error that English law and constitutional practise was paramount at Westminster, coupled with the erroneous claim that the Treaty of Union saw Scotland subsumed by England, as the basis for these claims for a "British Constitution" came to light and shown to be in error then he could only see a constitutional crisis arising which would potentially break the UK Parliamentary Union.

Whether UK Unionists realise the potential seriousness of what happened last night or not they will place their Union at risk if they do not clearly understand the ramifications of last night's unopposed SNP motion which made very clear, once more, the people of Scotland are sovereign and protected, as such, by the 1689 Act of the Scottish Parliament to this day, as it remains "In Law".

What is the point of Mundell and his pretendy Scotch Department as they do not represent the sovereign people of Scotland in any shape or form either internationally with their "British Emblazoned adverts" or politically, as a minority party in Scotland, and why are we still having our Scottish Parliament pocket money "dobbed" to pay for him and his pals?

Last night's reiving attack by the SNP wounded the Union beast, how badly we will find out in the next couple of months, as it fights with itself over the mess which is "Brexit" and its ability to hold onto any legitimacy in the people of Scotland's eyes.

Maybe some one in Yes2 should put together some "Unionist Hyperbole Bingo" cards, at a pound a shot, to raise funds for the upcoming independence campaign as the Unionist media goes into SNP baad/ Scotland 'too small' overdrive. Maybe the BBC's Distorting Scotland would have to be banned as a source, as you could fill a card in the few seconds after Jackie says "Hello" and lists what the program is going to cover.

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