Broad Oak: your emotional support animal

Friday, April 18, 2014

Scottish independence: has Maastricht already severed the Union?

Reading Rodney Atkinson and Norris McWhirter's "Treason at Maastricht",  I come across a very topical possibility:

"Some statutes within the British system of an informal constitution could perhaps, at some stretch of the imagination, be regarded as less critical. But this could certainly not be said about the Union with Scotland Act, for in 1706  the Scottish people decided to share a Sovereign and a Parliament. Since the new Parliament of the UNITED Kingdom was to be in England (and the physical existence of the Scottish parliament dispensed with) the terms of the Act of Union were absolutely vital. The Act is the nearest we possess to an actual constitution. The Scots, effectively, gave up their Parliament only in return for the guarantee that the new (English dominated) Parliament would not curtail or in any way diminish their rights. If they did so (as has now happened under the Maastricht Treaty) then the Act of Union would be null and void and not only would the United Kingdom cease to exist but so would the authority of the Parliament at Westminster which was spawned by the Act of Union.

This is exactly what has happened..."

If the authors are correct (and they were legally careful in laying before the authorities their treason allegations against Douglas Hurd and Francis Maude), it would seem that because of this breach of contract Scotland has been free since 1993 and there is no need for a Scottish referendum.

 Will you tell Alex Salmond, or shall I?

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