SO WHAT COULD THE CLAIM OF RIGHT DO?

This was a comment left of the Yours for Scotland site by regular contributor Breeks. I thought readers might appreciate it as a main article. It is short but powerful. YOU COULD CALL IT AN OPENING SALVO.

Photo by Erik Mclean on Pexels.com

Extract from the Claim of Right Act 1689….

Principles of the Claim of Right which remain applicable today include the following:

1. The historic right of the people of Scotland to assert their sovereignty and their rights: ‘The said communities (of Scotland) assembled in a full and free representation of this nation do … as their ancestors in like cases have usually done for the vindicating and asserting of their rights and liberties…’

2. The right of the people of Scotland to declare various acts of government unlawful including but not limited to:

* any claim by government to an absolute power, or sovereignty, in Scotland

* giving gifts or grants for the raising of money without parliamentary (or Convention) oversight (such as lucrative contracts to party donors)

* imprisonment without charge or trial

* granting personal protection (exemption) from civil debts (such as taxes)

* interfering with/directing the legal process in order to attack political opponents

* preventing protest or petition or criminalizing protestors or petitioners

3. The right of the people of Scotland to overturn unjust rulings of the Supreme Court of Scotland (the Court of Session) and to declare the rulings unlawful. This also establishes that is is an unlawful misuse of the law and the Courts, by those in power, to employ the legal system and the Courts to punish political enemies:

That the opinions of the Lords of Sessione in the two Cases following were Contrary to Law videlicet 

(1.) That the concealing the Demand of a Supply for a forefaulted persone altho not given is treason 

(2.) That persones refuseing to discover what are their privat thoughts and judgements in relation to points of
treason or others mens actions are guilty of treason

The prescribed penalty for, “the violation of the lawes and liberties of the Kingdome
inverting all the Ends of Government”, that is forfeiture of power, or the right to govern.

Suddenly I begin to understand why the Claim of Right might be making Nicola Sturgeon a little “nervous”… It’s not just the Treaty of Union who’ll shortly be standing in the dock. As far as Item 2 goes, Nicola Sturgeon quite literally ticks every box, from arbitrarily overruling Scotland’s “sovereign” Brexit result, stitching up political opponent Alex Salmond, no oversight of monies, even to banning protests outside Holyrood… It’s a full house! She’s got the lot. Given the contrived nonsense of the charges against Craig Murray, I think even the “imprisonment without charge” box can technically be ticked too.

The failure to disclose thoughts and judgements as detailed in Item 3.2, doesn’t sit well with Sturgeon’s extensively redacted evidence and selective amnesia while under inquiry.

Nicola Sturgeon’s problem with the Claim of Right isn’t that she hasn’t read it, but that she probably has.

And incidentally, since the Scottish people can apparently overturn unjust rulings from the Court of Session, I take it that means we can also drop kick rulings by the UK Supreme Court from the half-way line.

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34 thoughts on “SO WHAT COULD THE CLAIM OF RIGHT DO?

  1. “This also establishes that is is an unlawful misuse of the law and the Courts, by those in power, to employ the legal system and the Courts to punish political enemies”

    I suspect the FM will be wincing at that one.

    Liked by 14 people

  2. ohhhh but this will upset her so much more:
    interfering with/directing the legal process in order to attack political opponents

    Liked by 11 people

  3. this is the law. What are we waiting for. We do not have to assert anything, its staring us in the face.To many of our people are suffering and our country is being destroyed.

    Liked by 11 people

    1. Could Salvo organise the sovereign people to hold this SG to account over their failure to respect the Scottish constitution?

      Liked by 12 people

      1. Scots have the power to determine what happens in their country, the power to give WM their P45 – and the power to set up a tribunal & find SNP derelict in their duties as per their election to govt. We have the power to sack them too & re-elect a govt that IS willing to do as the people instruct. Time to use our power! If you go to Salvo website you will be able to sign up there, so that SSRG & SALVO know you are prepared to lend them your power to remove WM & Scotgov & to set Scotland free:

        https://salvo.scot/what-can-you-do/

        Like

  4. m not an expert in law and im not even interested in what we call the political scene in Scotland these days but I will say this:

    Be careful of those on our own side who do either of these:

    1 – play down the importance of the treaties and legalities (or lack of) in connection with Scotland’s position in the Union and who want everything to be down to political decision/referenda.

    2 – reject the idea of Scots being a definable and unique people, just like every other nation (people) on the planet, as if the very idea is radical or regressive. Rejecting the idea that Scots are a definable and distinct people with an ethnic and cultural heritage who have a right to decide their future in their homeland is in fact the radical proposal.

    It’s important to bear in mind that while every pro-independence Scot understands the forces that are arrayed against them from the British state, there are fewer who also understand that other forces who wish to take Scotland out of the UK would also then tie us up irretrievably with international organisations and treaties for which we, as Scots, would have no real say and would actually place decision making even further away.

    In breaking Scotland free from the UK it is important not to allow Scotland to become merely a legal and economic zone of utility to international forces, stripped of its heritage and unable to look after its people.

    Liked by 11 people

    1. You say:
      In breaking Scotland free from the UK it is important not to allow Scotland to become merely a legal and economic zone of utility to international forces, stripped of its heritage and unable to look after its people.

      A very good point – Sturgeon is red hot keen for international support but international support is primarily focused on how they can benefit from Scotland, not on any ethical commitment to our right to independence. It is normal for national governments to consider the welfare of their own countries and prioritize that over virtue signalling of any kind that can compromise their national interest. Sturgeon should take note.

      Liked by 11 people

      1. Agreed.

        I would go so far as to say that so-called ‘international support’ is really just the dynamics of international finance/corporatism whose single major concern at this late stage is the sovereign nation state functioning for the benefit of its people.

        This is why the corporate world pushes ‘diversity’, open borders, free n’ easy voting franchises and the continual undermining of national law with utterly undemocratic and international treaties while naming the whole process Liberal Democracy.

        My focus is as much on the Scots as an historic people as Scotland as a country. While many of us look at the distracting political theatre the very bedrock of the Scottish nation is slowly being pulled out from under us while we are called ‘nativists’, ‘regressives’ and other epithets for pointing it out, and that we should just vote harder next time for ‘change’ while the demographics of our country is shifted steadily in favour of those who would deny us sovereignty.

        Anyway, this is why im pleased with anything that somewhat side-lines the sham we call politics right now.

        Liked by 9 people

    2. Hi J.O.E . Good to hear from you again .

      Yes , most of us are all too familiar with * a certain individual * on WOS who constantly uses those epithets to – attempt to – tar anyone trying to make THE OBVIOUS POINT that Scottish Independence is primarily a question to be decided by Scottish people as no different from Nazis/Ultra Right Wing Nationalists . ( Whilst resolutely refusing to address the issue of the substantial % of same embedded in Ukraine’s Gov and Military . Just making this point en passant , no need for anyone to jump on it : ) ) .

      As we’ve discussed before in our exchanges on WOS , the Nation State is one of the last bulwarks in the defence against the ravages of Corporate Capitalism and Trans-National unelected groupings like WEF , Big Tech/Pharma etc , not to mention the demented reality-warping malignity of the TRANS -Nationalists .

      That one-by-one even established Nation States are succumbing to all of the above is , or should be , cause for the greatest concern – a reflection of the subterranean low quality of the Political Class – but no reason to reject the idea of National Identity as a unifying , cohesive force .

      Sturgeon/NSNP , by propagating the delusion that , somehow , National Liberation can be achieved without reference to National Identity have done incalculable damage to both . Doubly so by not only rejecting/demonising Nationalism as a emancipating energy , also by replacing it with the utter gibberish of Gender Ideology/* Identity * Politics

      Liked by 8 people

      1. Hi Robert,

        While that particular entity that haunts the WOS comment section might be a particularly good (bad?) example, his basic stance is no different from the stance of the host and of many others in and around the subject of nationalism, ethnicity and what it means for the future of Scotland.

        Because of the covid situation I was involved with people protesting, giving letters of notice of liability to schools and other activities and I met many decent English people who were also involved (higher participiation by % than Scots funnily enough). The one thing that I noticed is that absolutely zero of them were interested in Scotland separating from the United Kingdom. The reason – their future in Scotland is stable under the status quo while they see a risk if the arrangement changes.

        Anyone who does not see that immigrants to Scotland have much less reason to support a change in the status quo than native Scots by default is either much less intellectually able than they’d like to think or are simply lying. ‘Making a positive case to get them on our side’ is quite literally a near-impossible uphill battle when the media is so firmly entrenched against us.

        As for identity politics it has become impossible not to notice that the main identity (racial, ethnic, religious, sexual etc) that you are not allowed to be an utter fanatic about in Scotland is the Scottish one. That is obviously not a coincidence.

        Liked by 7 people

      2. Indeed, JOE, and they also form a large part (perhaps the bigger part?) of professional and middle-class Scotland. I have said before that I see no advantage in trying to woo them. Those who do feel an affinity with Scots will vote for us, and there are more than a few. That is another reason for utilizing the Scottish constitutional tools. Many of them would vote SNP precisely because the SNP represents the status quo, the establishment in Scotland, but, put to a vote for independence, most would decline, in my opinion. I have asked the question: why do you feel threatened by the desire for independence; and it always comes down to unenlightened self-interest, as it does with Scottish Unionists.

        Liked by 7 people

  5. Thing is… HOW could this be used? By political opponents (but who really should be on the same side) like Alba? That’d leave them open to charges of “yesterday’s man, bitterly jealous of the sterling work his successor is doing, desperately trying to stay relevant, etc, etc…” – we’ve all heard them.

    By legal means? Instigated by who? An organisation? A private citizen? How would this work with Sturgeon having the law seemingly in her back pocket as well?

    Not trying to be difficult, just desperate for some good news. Any at all would be nice.

    Liked by 10 people

    1. Dave – I think Salvo and the SSRG would be excellent organisations to drive this. Independence needs to be taken away from politicians. Salmond overcame political cap badge rivalry in 2014 and YES coalesced with the SNP as a broad church – we know that will not be able to happen again, even with the best efforts of those politicians who, like Salmond, put country before party. And honestly any vote for a political party is not simply a YES or NO vote: people are influenced by policies. We need to form a body that represents the sovereign people for independence and determines the constitution the people want to see in their independent country. Awareness of the blocked democratic paths will be increased by the intransigence of the entitled establishment. We can catch the rising tide. It will be simple enough for the sovereign people to hold their own vote: use the security checks for postal voting. We could even carry out some of the sorely needed verification of the postal vote – are you dead? is this your primary residence? and so on … we could even apply the de colonisation franchise recognised by the UN. Voting papers could be sent out with a pre paid reply envelope – we need to crowd fund. We will need good security to prevent vote nobbling. The sovereign people can hold a vote and use the Claim of Right even if our politicians can’t/won’t. We should be ready.

      Liked by 7 people

      1. we could start small – set up a sovereign peoples representation by whatever means (beyond me to figure out what this looks like but not beyond Salvo and the SSRG I’m sure). Then hold the SG to account on policies – removing juries from trials, allowing the Lord Advocate to sit in cabinet, teaching Scottish history in Scottish schools – pilot the means to collect votes in the way the Swiss do in their many referendums (the golden key!) – exercise the Claim of Right here in Scotland and hold our own government to account, while we get ready for the big battle as Sturgeon starts her march back down the hill.

        Liked by 8 people

      2. Agree 100%, especially with “Independence needs to be taken away from politicians.”

        If the SNP make it all about them (or rather all about Saint Nikla) come the next GE then we’re screwed, simple as that. It’ll then become a vote on their record in government and, well… can you imagine… “How are you going to launch a newly-independent country when you can’t even launch a ferry?” for starters.

        I also have this nightmare vision of a TV debate where the interviewer asks for the definition of a woman and the unionist representative answers “adult human female” as this has been identified as a weak point by their campaign managers, while whatever nonentity has been put up by the SNP slavers a ridiculous amount of biology-denying lunacy to a dumbfounded TV audience.

        And that’s before we even get to the continual drip, drip, drip of things the MSM know but have been keeping quiet about until they’re needed.

        Liked by 8 people

      3. And for those seeing the power that we possess and the power we can utilise to work for an Indy Scotland, you’ll find SALVO & it’s explanation of what it is going to do, here:

        https://salvo.scot/what-can-you-do/

        (Sorry if I seem to be spamming, Iain. I won’t do it again, I promise!) 😉

        Like

  6. I’ve just been told by a reliable source, my wife 😊that Michael Gove has had a secret poll held in Scotland about independence. It seems that according to this poll 72% of people in Scotland want independence.

    Liked by 5 people

    1. Reply to Marion99 on 26/07 at 1.44pm

      And support the Scottish language as well as Gaelic. How about actually teaching it in schools?
      It will be interesting to see when/if the census results come out, whether the number of Scots speakers has gone up or down!

      Liked by 2 people

  7. What can the Claim of Right Do? Zilch, nada, rien, nichts unless it is pushed and pushed hard, and pushed by the entire independence spectrum. The SNP will not push it unless they are pushed almost to extinction.

    Liked by 9 people

  8. Just watching live the PM being questioned at the Liaison Committee and Johnson is being ripped apart.

    he’s flapping about like a puppet being strangled on a string. Quite what people outside the Westminster bubble think about this clown and his absolutely rotten government. No wonder that 31 MP’s ( and counting) have resigned from government over the last 24 hours. They know the game is up and that the country is in an utter mess.

    Clearly mother England is now waking up, as are the rank and file Tories. Quite how we in Scotland ever allowed us to get dragged along with this is one huge question.

    But maybe, just maybe, Blackford’s call for a General Election to allow Scotland to choose independence is a route that we may hopefully soon be going down.

    Someone once said that with Boris Johnson as prime Minister thing would end in chaos. Well it certainly has a general election in the near future could well be our mandate. England is in chaos, the ship is a burning inferno and we need to cut ourselves free.

    Liked by 5 people

  9. 32 MPs now resigned from Government in 24 hours.

    This isn’t a functioning Westminster government. There is no government. Only chaos. Food shortages, Airport and port chaos. National strikes over soaring inflation. A collapsed pound. Worker shortages. A failing NHS. And all wrapped up with lies and criminality. Moreover we are at war with Russia, economic war with Europe, and out of control in Ireland as the UK breaks the protocol.

    No joking but it’ll be martial law soon.

    Liked by 4 people

  10. Talk about fitting a narrative inside an infrastructure to suit one’s prejudices is not near the jurisprudence which underpins our law. .

    Like

    1. The question is – whose law? English law or Scottish law? We have TWO systems of Jurisprudence. England took their law into the ToU & continually refer to it as UK law. What happened to Scots law? The origins of it just – disappeared into thin air? No – it was deliberately ignored & fudged until people forgot about it, didn’t refer to it any longer & we were propagandised into believing English/UK law was our final arbiter. In Scotland, it is NOT. We have our own laws, our own Acts & our own judiciary that underpins SCOTTISH law. Time to remember about it and pull it out from under. That is what SALVO intends to do.

      Liked by 2 people

      1. Well said, Katie. Scots Law is alive and well. We often take a different tack on things, but, because, much legislation is deemed to be ‘British’, stemming from Westminster, it is passed sometimes against Scotland’s interests. However, we have our own civil and criminal legal systems and they operate very well. The GRA 2004 and the Equality Act 2010 are examples of Westminster (British Parliament) legislation that will be in direct confrontation if GRA reform is introduced in Scotland but not the rest of the UK. The Maya Forstater case shows that, even in England, these two Acts clash irredeemably, and Maya won her case against her employers for discriminating against her protected female characteristic. Nicola Sturgeon, lawyer though she may be, is opening a legal can of worms that may spell the end of her tenure because: a) she will be in contravention of the 2010 Act; b) she will be guilty of using the 2004 Act as a springboard to Scotland-only legislation that will have a massive impact on England, where no GRA reform has been passed; c) she is breaking the law as it stands. It is now the case that almost every policy the SNP introduced contravenes the law, both Scots and British – and all in favour of a supposedly minuscule percentage of the population to the detriment of over half the population because so-called ‘trans’ people have every human and civil right that we all have. They want all female rights, as well as their own. The litigation lawyers will be rubbing their hands in anticipation.

        Liked by 1 person

      2. Och, I’m getting dottled, Katie. Should have added that the Westminster government’s plans to get rid of most/all EU laws, including human rights, will cause chaos:EU law is interwoven throughout Scots Law, so a separate piece of legislation will have to be forced on Scotland, and the system could collapse under the pressure.

        Liked by 2 people

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