Tuesday, 31 December 2019

A Loyal Address:

HM Queen of Scots
Buckingham Palace

January 2020


As we enter the third decade of the 21st Century and you come close to completing your 7th decade as Queen of Scots I ask you to 'tak tent' of this Scot's concerns and petition.

I understand the night before you were crowned Queen of England, her Colonies and Commonwealth you took the oath as required by the "Claim of Right" of the Scottish Parliament (1689) before the Lord Lyon, the Lord Advocate of Scotland and the Moderator of the Church of Scotland as representatives of the "Thrie Estaites". The oath requires one main obligation of your majesty which is to respect the considered will of the sovereign people of Scotland (through whom you hold the Crown of Scotland) and protect their sovereign rights from tyrannical politicians and aggressors who may seek to circumvent their ultimate sovereign authority.

It is in this matter I wish to humbly draw your attention.

You can not fail to be aware that in the recent referendum on exiting the European Union the Scots expressed their sovereign will to remain as part of the European Union nor you can not be aware the Scots have sent a majority of SNP MP's once more to the Union Parliament at Westminster as a clear expression of their considered will to hold a further referendum on whether it is their considered will to exit the current parliamentary union between Scotland and England (as provided for in the original Treaty of Union).

Mrs Thatcher stated " Scotland need only send a majority of SNP MPs to gain their independence".

The current Prime Minister recently stated, "No country can be forced to remain in a union against its will".

Yet on both counts your Prime Minister seeks to refuse Scotland the right to choose its own destiny.

Scots Law does not recognise the solely English Law concept of the "Crown in Parliament" which your Prime Minister claims to give him the right to ignore the considered will of the people of Scotland on both the matter of the EU and the matter of a new referendum on terminating the UK Parliamentary Union.

Your oath to the sovereign people of Scotland requires you to oppose such a claim by your Prime Minister as it is tyrannical, aggressive, is against the considered will of the people of Scotland and is a threat to their sovereign rights deponed and established by the 1698 Claim of Right of the Scottish Parliament which "remains in law", by which you hold your regnal title over Scotland and which is for "all time" in accordance with the Treaty of Union.

Your failure to undertake this duty of care to your Scottish subjects, coupled with the continuing tyrannical attitude of your Prime Minister may force me and others who are your subjects and of similar mind, to petition the Court of Session to seek your removal as Queen of Scots on the basis you have failed in your solemn oath as Queen of Scots to the sovereign people of Scotland, namely, to protect our sovereign rights.

I am, yours faithfully,

Tuesday, 17 December 2019

It was the best of times: it was the worst of times.

So what did we learn from the GE of 2019?

First the UK Parliamentary Union is on its last legs in Scotland and Ireland where the Union "fleg" carriers got their arses tanned with the majority voters in both voting for independence or, in NI's case, reunification.

We are in the end game of a UK Parliamentary Union which no longer serves any of the constituent parts or nations needs.

England wants a Brexit and to get it voted for a Conservative Party run for the benefit of itself, millionaire and billionaire benefactors; a politics normally referred to as fascist.

A left of centre, social democrat Scotland wants to stay in the EU and has now consistently voted to stay or for a party whose primary intention is to remain in the EU either by negotiation or independence, since 2010.

Northern Ireland finds itself wishing to stay in the EU and increasingly understands this can only be effectively achieved by the reunification of Ireland, even if it is through gritted teeth for many in the Province.

The Principality of Wales is beginning to waken up to the reality that voting Labour just gets it Tory Governments it does not vote for nor have any real interest in Wales as it has nothing left they can sell off except its water.

Listening to yet another vacuous speech from Bawjaws Johnson on Friday on "one nation", made it clear that the "one nation' he is talking about is England.

The situation in Wales is they are a principality of the English Crown and Northern Ireland is an English Crown Province and thus are subservient to the English Crown in the English Parliament and are dealt with on the whim of the Tory Government.

Scotland is a nation state, with its own crowned head backed by its singular legal and constitutional laws, all bound by the fundamental principle that the people of Scotland are sovereign and that their considered will is paramount. This was enshrined in the 1689 Claim of Right of the Scottish Parliament which remains in law and is the legal basis by which Elizabeth, Queen of Scots holds her crown. There never has been a "union of the crowns" the reality is one head, two crowns.

The Treaty of Union enshrined the 1689 Claim of Right in article 19 and stated the separate crown, legal system and constitutional considerations of Scotland would be sacrosanct "for all time". Lord Cooper in his comments on McCormack vs The Lord Advocate (1952) pointed out that "for all time" meant exactly that, further the assumption that Scotland had been subsumed by England and thus was constrained to follow English constitutional practise was wrong in law and constitutional practise. He also made clear there is no legal or constitutional construct in Scots Law or constitutional practise such as the "Crown in Parliament" as the people of Scotland are sovereign and their considered will is paramount.

This view was upheld by the UK Supreme Court in Axa et al vs The Scottish Parliament (2010) where part of the judgement stated the UK Supreme Court had no power to over turn a bill of the Scottish Parliament which reflected the considered will of the people of Scotland. Lord Cooper also suggested the issue of the where the 'considered will of the people of Scotland' lay had never been resolved in the UK Parliament, none of the current or past fudges had resolved the issue and, at some point in the future, the issue, if unresolved, would cause the Parliamentary Union's collapse. Current constitutional experts, such as Andrew Learmouth, argued in the National Sunday Paper it is not that simple and is far more nuanced a legal and constitutional "Gordian Knot" which is not simple to unravel without a major legal tussle whose outcome would be highly uncertain.

I spent the latter part of my career looking at the Gordian knots organisations and businesses had tied themselves into, Gordian Knots which impacted on their effectiveness, end result and future sustainability. I did this mainly by dragging management back to remember what they were in the business of, what they were actually doing and how did that impact on what they were trying to achieve. My friends asked what my job actually entailed and my reply was, "Stating the Bleeding Obvious".

The Alexandrian Sword to be taken to the false constitutional knot tied by the unwritten English constitution practises is to hold a referendum on the issue of Scotland's future, whether a section 30 order is given or not. If it is the considered will of the sovereign people of Scotland to seek the repeal of the 1707 Act of Union of the Scottish Parliament, then that is paramount over any claims made by Bawjaws and his billionaire backers or any legal arguments in the UK Supreme Court over whether a section 30 order was required and the Scotland Act's of the UK Parliament be damned.

The UK Supreme Court has already stated (in Axa et al) it has no power to overturn an Act of the Scottish Parliament which represents the considered will of the people of Scotland. The Referendum Bill of the Scottish Parliament, currently completing its passage in Holyrood, reflects the considered will of the people of Scotland for a second referendum as once again iterated by the sending a large majority of SNP MP's to Westminster.

In the words of Bawjaws and his ministers on Brexit, "You can not hold a country in a union against its will."

The words are about to rebound on his fascistic government over the next few months with regard to the failed UK Parliamentary Union.