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A library of historical documents, contemporary commentaries and explanations pertaining to the Claim of Right and the Scottish Constitution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 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.
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
The Old Scottish Parliament
Documents and Commentaries to 1707
Legislative acts of the Scottish Parliament, commentaries and other resources.
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”
The Act inserted into the ratifying Acts of Union that “ratifies approves and for ever”.. the Claim of Right
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.
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 (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.
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.
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.
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.
By Max Vetzo, PhD Candidate in Constitutional Law, Utrecht University
The Legal Relevance of Constitutional Conventions in the United Kingdom and
Contemporary Supporting Documents and Papers
Academic papers, Documents
A collection of documents written by academics, scholars and experts.
(The Origins and Character of Scottish Popular Sovereignty)
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
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
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)
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Documents, leaflets and graphics