Resources
Acts, Documents, Commentaries, Legal Rulings
An extensive, painstakingly researched, library of files and documents from 800 years of Scottish legal, parliamentary and common history.
(Note: we are loading more documents to this page – check often please)
Claim of Right and Our Constitution
Documents and Commentaries
A library of historical documents, contemporary commentaries and explanations pertaining to the Claim of Right and the Scottish Constitution
The Claim of Right
The Treaty Bites Back
The forgotten condition of the Treat of Union – what every Scot should know. Plus, Dicey demolished: even if you’ve never heard of him, by the end of this you’ll bilin’ at he – and by extension the UK govt – did to keep our ancient birthright from us – and why.
The Declaration of the Estates
The Case of the Missing Constitution
An irreverant take on how AV Dicey obfuscated, hid and outright lied about the Treaty of Union for the UK parliament to ignore Scotland’s constitution
A Real and Ancient Constitution
The Old Scottish Parliament
Documents and Commentaries to 1707
Legislative acts of the Scottish Parliament, commentaries and other resources.
Act of Union with England
The Act signed hidden from the mob in what is now a toilet.
“Act ratifying and approving the treaty of union of the two kingdoms of Scotland and England”
Act for securing of the Protestant religion and presbyterian church government
The Act inserted into the ratifying Acts of Union that “ratifies approves and for ever”.. the Claim of Right
Common Good Act 1491
The Common Good Act – still in force today – provides legal status to Common Good assets and creates an obligation that they be managed for the benefit of the citizens of (what was) the burgh.
Granting of Privilege to Burghs
Bruce’s granting of priveleges to burghs around Scotland
Act of Union with Scotland
“An Act for an Union of the two Kingdoms of England and Scotland”
Claim of Right Act 1689
The Claim of Right Act that affirmed the existence of an enforceable, Scottish constitutional arrangement where the sovereignty of the people limits the power of government. I
Act of Salvo 1663
Act of Salvo (salvo jure cujuslibet – let whosoever sue the Crown). This was a gesture respectful of the Scottish constitutional arrangement whereby the People are sovereign and every subject of the kingdom must be respected both as an integral and individual unit of sovereignty, much like any part being representative of the whole of a hologram.
Legal Rulings, Case Law and Precedent
Related Rulings and Findings in Law
Legal rulings relating to the Claim of Right and its implications.
Why There Cannot be an 'rUK'
Demolishing the usual UK contention that Scotland was extinguished in 1707, but England somehow continued somehow under the new name of Great Britain. If this were correct there would be no “Union” to dissolve but merely independence to grant.
The Union and the Law
By David M Walker, Regius Professor of Law in the University of Glasgow, 1958-1990
An argument that the Union’s legal basis is often misunderstood and that its reconsideration would be far from simple
That [the Treaty of Union] was a treaty in international law is amply evidenced by the terms of preceding legislation, by the fact that Queen Anne twice visited the negotiations and enquired for progress with “the Treaty”, the fact that the Articles themselves refer repeatedly to “this Treaty”. The word “article” is the proper technical term for a part of a Treaty, whereas “section” is proper for a part of an Act.
Scotland's Magna Carta
By Professor the Rt Hon Sir David Edward
Magna Carta is not, and never has been, part of our law. Perhaps our Magna Carta is the Claim of Right of 1689, contemporary with, but significantly different from, the English Bill of Rights.
On Treaties
By Max Vetzo, PhD Candidate in Constitutional Law, Utrecht University
The Legal Relevance of Constitutional Conventions in the United Kingdom and
the Netherlands
The Miller Judgement
Triggering of Article 50 Appeal
Contemporary Supporting Documents and Papers
Academic papers, Documents
A collection of documents written by academics, scholars and experts.
Who We Are
(The Origins and Character of Scottish Popular Sovereignty)
For The Common Good
Common Good: A Quick Guide
By Andy Wightman, former MSP, Scottish Parliament
A quick guide to identifying and restoring your common heritage.
Common Good Funds emerged in the early development of burghs and made clear in the Common Good Act of 1491
The Socio-Political Determinants of Scottish Independence
A research paper that demonstrates the fundamental importance of Scottish national culture and the Scots language as key drivers of our national identity and consciousness
Writing Scottish Parliamentary History
An essay by Amy Blakeway & Laura Stewart, which emphasises how the parliament sustained its legitimacy and relevance, in part, by drawing on past practices and ideas (20pp)
Scottish Parliamentary Review
A brief history of an ancient institution.
Promotional Downloads
Available for promotion
Documents, leaflets and graphics
Salvo Leaflet
A double-sided leaflet ready for printing.
The Edinburgh Proclamation
Claim of Right Booklet
