SO HOW COULD IT WORK?

A guest post from Sara Salyers.

Look at Kenny MacAskill’s call for a convention of elected representatives. Every elected representative in every regulatory body has a constituency and a mandate. This is an internationally recognised expression of a representative body should it gather enough support. What would such a convention do? Well, it *could* use the CoR to assert its right to stand as a free and fair expression of the people, (and an exponentially more representative body while fulfilling the non-parliamentary requirement of such a body). Then dissolve the Union. Might be challenged by Holyrood though. 

But in point of fact the ’emergency’ function of the CoR – “a core constitutional document” – authorises the convening of what is effectively a national jury. Not an electoral vote, not a referendum, a hearing law in by the highest authority in the land, the people through representatives already elected and an election from the ranks of the ‘folk’ exactly according to the organisational principles laid down by the last such gathering, the Revolutionary Convention of the Estates 1689. No one ever pretended that a jury had to be composed of an entire population! It has to be reasonably representative and stick to the matter of the case and then produce a verdict. In terms of the violation of the Scottish constitution as set out in the CoR, *only* this jury can do it. No other court in the UK has that authority because courts are subject to the constitution which is created, in Scotland,only by the people – notify parliament. With me so far? 

To be clear: This massive jury, fulfilling the constitutional provisions and international provisions for representative capacity, is not required to be, never was and never could be a replacement for parliament. It is the summoning of the tribunal of Scotland to hear charges under extremely specific, statutory (Scotland) and constitutional (UK ratified) legal stipulations. It quite literally puts the Westminster government on trial. It can hear from anyone it wants, lawyers and witnesses of all stripes, and but the outcome is based on very simple questions: did the accused commit the crimes constitutionally prohibited under the CoR? Did those crimes violate the constitutional compact guaranteed to continue in Scotland under the CoR? Were the violations so fundamental that the violator has forfeited power in Scotland? Does the Assembly, on behalf of the people, instruct the court of Session to declare the Act of Union to have passed into desuetude (that provision currently still on the statute books) in consequence of these violations and according to the prescribed penalty? If so, then the Assembly has authority to stand in place of parliament until elections can be held and new government installed. 

Thereafter it becomes a second chamber, elected MP’s returning to parliament while this ‘jury’ remains to ensure oversight, accountability, access to information, public participation, and, most of all, the adherence of the govt and regulatory authorities to the compact which is centred on the common good.

Sounds like a fairly story doesn’t it? Romantic rubbish. Immature imaginings? 

Every damned principle and practice I have just described existed in Scotland, was enacted in Scotland, is inherent as well as explicit in the Cor, its composition and the principles (as distinct from effects) it articulates. Every one. And there is one reason and one reason only that it all sounds far fetched and ‘unrealistic’ and imaginary. The induced amnesia that has allowed total erasure of our past, our character and our constitutional principles by a foreign, colonising, oppressive power. Read that again and weep. 

Then read again what I have written above about the provisions of the CoR and the national jury. Try to see, to be ablate believe, what has been stolen from us. Ian Blackford has just announced *for the first time in our history* from the floor of the House of Commons, that parliamentary sovereignty does not apply in Scotland where the people are sovereign. !!!! Do you believe him? If you do, then know that this fact depends on the Claim of Right of 1689. And, if this fact stands today it not only ends Westminster’s right to ignore any referendum we have ever had in Scotland (Brexit anyone) – because the people are as they always were, the final authority, not Westminster – but it comes with exactly the provisions I have just set out.The right to our assemblies, our constitutional safeguards and limits on government and the final sanction of removal of an abusive and constitution-violating power. 

Let that sink in. Please.

Please.

BEAT THE CENSORS

Sadly some sites had given up on being pro Indy sites and have decided to become merely pro SNP sites where any criticism of the Party Leader or opposition to the latest policy extremes, results in censorship being applied. This, in the rather over optimistic belief that this will suppress public discussion on such topics. My regular readers have expertly worked out that by regularly sharing articles on this site defeats that censorship and makes it all rather pointless. I really do appreciate such support and free speech in Scotland is remaining unaffected by their juvenile censorship. Indeed it is has become a symptom of weakness and guilt. Quite encouraging really.

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