Wednesday, 31 August 2022

Claim of Right

  

Is the principle that recognises that the people of Scotland have the sovereign right to determine the form of government best suited to their needs. 

 

First set out by the Declaration of Arbroath in 1320, before this Scotland had been governed by a succession 113  kings 

Scotland was founded by Fergus Mor in the  5th century. 

Followed 9th century union of the Picts and Scots  under Kenneth I.

 

In 2018 there was the case of McCormack vs the Lord Advocate  - “The principles of unlimited sovereignty of parliament is a distinct English principle has no counterpoint in Scottish constitutional law. This was later endorsed by the UK parliament. 

 

Scotland’s Claim of Right is not based on conquest, but under a Treaty under international law, and 2 acts of parliament, that ratified and implemented the treaty. 

 

These measures can be rescinded as the circumstances changed, that led to their conclusions no longer prevail, and the disadvantages that arise from the present political structure. The present Scottish government and parliament are competent to renegotiate a withdrawal from the treaty. 

 

At present Scotland is a country but not independent, within the framework/political union UK, yet retains strong national identity and sovereign rights. The UN international Bill of Human Rights, as a fundamental human right and binding on the UK on the right sfo self determination..

 

Which determines that -

“All people have the right to self-determination., . by virtue of the right they freely determine their political status and freely pursue their economic, social and cultural development.”

 

In culture, Scotland’s distinctive music, dance, literature, architecture and uniquely preserves the Celtic culture.

 

 

I wonder that some in England wanted a Brexit, to bring the UK closer,  back together/ They forgot about Scotland’s long standing historic ties to Europe. Which has left many scots feeling bereft to loose their place in Europe. But also the small indy nations in Europe are outperforming. 

 

None of these claims are anti- Britain, The opposite – Yessers believe a more successful Scotland will make the UK stronger. As a family of nations rather than warring  tribes.  #¥esScots