SCOTS LAW IS NOT ENGLISH LAW

THIS IS A VERY IMPORTANT STATEMENT FROM SARA SALYERS OF SALVO.SCOT AND LIBERATION.SCOT. This is what Scots, all Scots must do from now on.It is not six months old yet but as each day passes the message becomes more powerful.

Here’s the text:

We know that Scots’ law is not English law. What we have not known is that Scottish constitutional law is not English constitutional law. What we have not… and what we should have been, and our politicians should have been, challenging, for a long time now, is that we have a provision that retains our constitution in Scotland, and that constitution, makes certain things Westminster does, or has done, unlawful. They’re not lawful in Scotland.

We’ve not been standing up for Scottish law, and we need to stop talking about, well, a referendum would be lawful or wouldn’t be lawful. The question is, what is the Scottish law? What does the Scottish constitution say? What is lawful in Scotland?

You cannot impose a foreign constitution on a joint partner in a Union that is created by treaty. We are not a nation state. They have behaved like a nation state, and that nation is England. This is not – and this is a sovereign state – but it is a combined state. It is made of two separate nations and they have separate laws. That principle was accepted. The continuation of the Scottish constitution was accepted, and therefore, our government, our politicians, or rather our MPs, have needed for a very long time to stop repeating English lies. To stop repeating, ‘Oh well, we were incorporated.’ No, we were not. Walker and Campbell have both blown that out of the water. Everybody’s kind of carried on.

It’s not an incorporating union, it’s an international treaty into which two sovereign nations entered. There were conditions made, both constitutions were meant to continue, and therefore we have Scottish constitutional law, and we need to stop behaving, and talking, and deferring to English constitutional law, as if that were Scottish as well. It is not.

And as a matter of fact, if that makes its way to the International Court of Justice, if it makes its way via the OHCHR, to be heard, 

‘Does Scotland have the right to have the provisions of this treaty upheld?’

‘Does Scotland have a constitution?’

‘Is it clear?’

‘Is it written?’

‘Is it codified?’

At least, ye know, to this degree. The answer is, there’s no court that could find otherwise. We know that. So we need to be shouting that, as Alex Salmond said, we need to be shouting this loud and clear. And it will, unfortunately, take a massive civic movement, and it will take judicial test cases, and so on, and it will take international diplomacy.

But every single person watching this needs to know this foreign government, this foreign oppressor, will do whatever it takes to keep hold of Scotland. It will not just let us go. And it has already twisted the law, it has already lied, and hidden, and misrepresented Scotland’s political, constitutional, legal history, and status, in order to do that.

And now that it’s done it, we’re going to talk about what’s lawful, under Westminster’s constitutional provisions, which are not ours? No, we need to be talking about challenging them.

Lord Cooper:

“The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law.

“Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament,  I have difficulty in seeing why it should have been supposed that the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish Parliament, as if all that happened in 1707 was that Scottish representatives were admitted to the Parliament of England. That is not what was done.”

MacCormick v. Lord Advocate (1953) SC 396 – Court of Session (on appeal) 

MY COMMENTS

Nobody spells it out more effectively than Sara. She uses language we can all understand and as it is explained it grows in strength as we all realise what she is saying is true. She is challenging Scottish politicians to toughen their message, of course she is, but she is also challenging all the Scottish people to do likewise. You can learn about how by joining Liberation.Scot because that is going to be the vehicle that will take us to real success.

PLEASE LIKE AND SHARE EVERYWHERE.

I am, as always

YOURS FOR SCOTLAND.