"Internal Market Bill, cutting straight across the Union" - and our nationalist MPs did nothing because they don't understand Scotland's constitutional rights. But the fact remains that the treaty has been breached. It is, essentially, nil and void.
"But under the English Bill of rights, parliamentary sovereignty and parliamentary privilege are absolutely sacrosanct. That's the English principle.
"Under the Claim of Right, the Act, the Claim of Right, the sovereignty of the people, their right to depose a government, their right to uphold their constitutional, civil rights and liberties, the right of the Scottish Crown.
"That's why the fact that James hadn't taken the coronation oath is so important where they said it's legally required, because the coronation oath, in that oath, any Scottish king or Queen had to swear to uphold and defend the rights, rents and privileges of the Scottish Crown, and never to undermine or transfer them.
"And since the crown was the Community of the Realm, that's actually the opposite of the English feudal oath. You're taking an oath to the people, to the [Scottish] Crown, if you're the monarch in Scotland.
"So the Claim of Right upheld that. It upheld the Crown and it upheld the constitutional provisions in Scotland. And by deposing that government, it enacted the sovereignty of the people.
"It didn't need to say, we're sovereign. It did sovereign, do you see? And the last bit of it is when we entered this 'voluntary Union', ha, the one condition - pre-condition - was a 1706 Scottish Act.
"Again, this was pulled together fast in the face of this oncoming Union. All the religious protective acts were put together in one act in Scotland in 1706 for the preservation of the Presbyterian faith.
"The only, and this was the clever bit, the only named act among all of those was the Claim of Right. And everybody knew what the Claim of Right was.
"Daniel Defoe, the English spy, remarked on the fact that this, what this meant, the limits of government and obedience, that's a constitution.
"That was the condition that that was ratified, not as part of the Treaty and the Acts of Union, but along with both. You ratify the Scottish Claim of Right, when you ratify the Treaty and the Articles of Union. You don't get a treaty or a Union unless you ratify this 1706 Act, word for word. So that was ratified. That's the condition.
"If we have a voluntary partnership, there has to be a partnership agreement. That agreement, it depends on ratification of this 1706 Act. And the only named act within that is the Claim of Right, which means that when Westminster claims that it has English parliamentary sovereignty in Scotland, it is, as Carwyn Jones said, at the time of the Internal Market Bill, cutting straight across the Union."
@SSalyers2
speaking on the Norrie Hunter Show 14/2/2024
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