SOVEREIGNTY OF THE SCOTTISH PEOPLE Shortly after the final region’s result came in Alex Salmond resigned. On resigning he said; “We lost the referendum but Scotland can still carry the political initiative.” Later that day he said; “The real guardians of progress are not the politicians at Westminster, or even at Holyrood, but the energetic activism of tens of thousands of people who I predict will refuse meekly to go back into the political shadows.” In effect what Salmond was commenting on is the sovereignty of the Scottish people. It is the Scottish people who will gain our country’s independence, who will make our country a place where equality, fraternity and social justice are the principle driving forces; not any political party or political institution. The sovereignty of the Scottish people is first documented in the famous Declaration of Arbroath 1320. It states that the King of the Scots (note not the ‘King of Scotland’) and his successors are king by contract with the sovereign people, and if the crown does not serve the people it will be removed by the will of the people. Neither in public nor in private law was the king above the law, and he could not concede powers of absolute sovereignty to any parliament. It is important to be clear on what is meant by sovereignty. It suffices to state that, in the modern political context, a sovereign is the ultimate resting place of legitimate authority. Sovereignty means the supreme and controlling power of an absolute and independent master. It is the place where arbitration stops; it is the source of final decisions from which there is no further appeal (James Wilkie, Scotland’s Constitution – Some Fundamental Thoughts). In effect representatives, rulers, authorities are servants of the Scottish people, and can be legally removed by the Scottish people. All constituted power is subordinate to the power constituting (that is we, the Scottish people). The United Nations recognises our sovereignty. On several occasions the UN General Assembly has referred to the Scottish people as having the right to self determination, to the sovereignty of the Scottish people, and our power to decide our own internal and external political status freely and without external interference, and this is unassailable. However, this has not been honoured by the British State; they constantly interfered during the referendum, thus interfering in our right to decide our own future freely and without interference. The sovereignty of the Scottish people has since the Acts of the Union been a major constitutional problem for Westminster and the British State. However, as this was the foundation of democracy in Scotland they have had accept this constitutional problem. The statutory role of the Scottish Office is to ensure that no UK Law or Statute conflicts with or affects the core rights of the sovereign Scottish people. Lord Cooper’s core finding was that the Acts of the Union preserved the rights of the Scottish people as being sovereign, and that this status is an essential part of the Acts, which cannot be changed, for all time. We the people of Scotland are masters of our own land and this has to be accepted by the British State, as recognised by the Acts of the Union. For example Michael Forsyth argued that, “the...Scottish Parliament would be empowered by the sovereign Scottish people, in a way Westminster never legitimately was”, in reference to the formation of the Scottish Parliament. He also said, thus understanding fully the idea of the sovereignty of the Scottish people, that the, “Scottish Parliament could [thus] pass a bill for independence and there would be nothing Westminster could do to stop it.” (How does one read this?) Another example of the understanding that the British State has regarding this concept was seen a few years ago, when the UK Supreme Court found in favour of the Scottish Government over a minor issue. However, what was not minor was a statement hidden away in their judgement, saying that the court, “had no power to set aside any bill, statute or act of the Parliament of Scotland where that bill expressed the clear will of the people of Scotland.” What this statement made clear is that neither the UK Government nor their political state has any legitimacy if opposed by the sovereign Scottish people. It is with the concept of the Scottish people that is found the distinction between Scotland and England. In Scotland the state and all its representatives are subject to the community of the people, whereas in England the people are subjects of the monarchy and to a lesser extent the Parliament. We, the sovereign and conscious people of Scotland, have a right which cannot be undermined by a corrupt and invalid union. When the Union was signed, it was not through the will of the Scottish people, but decided by a select few individuals, against popular opposition. This union was signed with complete disregard to our sovereignty, and on the contrary, went directly against the will of the people of Scotland. But this does not mean that sovereignty is gone, it is simply not recognised. A birth right does not simply diminish. We can reclaim our sovereignty; we can once again decide what happens to our country. We are the people who can make a change; and that is what we must do. If we want to be an independent, fair, and democratic society, it is only we who can make it so. The sovereignty of the Scottish people is the very essence of democracy in Scotland and it begins and ends here.
Posted on: Fri, 10 Oct 2014 22:16:46 +0000
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