” if departure from the UK was legally achieved and acknowledged by the UK Parliament and courts”
“legally achieved”. Legally achieved in response to whom?
This union is the results of a world treaty, subsequently this separation can solely be “authorized” whether it is finished beneath the context of worldwide regulation, not home regulation.
Underneath this context, you possibly can argue that deliberate frustration of Scotland’s professional proper to self determinate and to unilaterally terminate the treaty by a home English court docket of doubtful legitimacy over Scotland beneath the treaty of union, by a crown solely fascinated about its personal self-preservation, by a UK authorities which is nothing greater than a byproduct of a world treaty which Scotland owns as a lot as England, and by Scotland’s personal representatives who, for the final 300 years have been fabricating each impediment beneath the solar to deceive the Scottish individuals and cease that self-determination, may need been unlawful beneath worldwide regulation.
They may have been unlawful beneath worldwide regulation not simply because it’s a violation of a basic precept beneath worldwide regulation. It’s also as a result of forcing Scotland to stay on this union when clearly a majority of the natives voted towards, may be an indication of imposition of absolute rule over Scotland, which constitutes a breach of the Declare of Proper and subsequently a direct violation of one of many basic situations of the treaty of union.
Of this, the crown, Westminster and our personal Scottish representatives are as a lot guilty as one another. This charade of deception of the Scottish individuals can solely proceed if they’re all prepared contributors, which clearly they’re.
When the vast majority of Scotland’s natives voted to finish the union however their vote was annoyed by purposely together with within the franchise a major share of people from outwith Scotland and with allegiance to the colonial energy, you can not credibly declare “Scotland voted to maintain the union”, or “Scotland’s voice has been heard”. No, it hasn’t. Scotland’s voice (that of its natives) was gagged by the colonial vote.
If you use a fraudulent wow to artificially get a No vote, you can not declare “Scotland voted to maintain the union”.
If you instantly transfer the goalposts the day after the vote to revert to a established order you recognize had been comprehensibly rejected by Scotland’s natives, a lot in order that it compelled you to problem guarantees of Devo Max or federalism as the choice to independence on the times earlier than the vote, you can not declare “Scotland voted to maintain the established order”. Scotland rejected the established order which existed earlier than the vote however this established order continues to be compelled upon Scotland on the again of a vote knowninly achieved with a fraudulent vow.
The UK of GB solely exists due to a world bilateral treaty agreed over 300 years in the past. Two entities (coerced by a self-serving and self-preserving crown) entered into that voluntary treaty as unbiased, sovereign states: The kingdoms of Scotland and England.
Coerced they could have been, however in spite of everything it was the selection of Scotland’s parliamentary representatives to shame themselves by betraying the individuals of Scotland with their embracing of private monetary and in any other case advantages that got here with taking the crown’s facet. It was subsequently a voluntary affair. Simply not voluntary for the individuals of Scotland.
Simply as in 1706, is has been a voluntary affair of our allegedly “anti-union” SNP MPs to legitimise the triggering of Article 50 towards Scotland’s will, along with each different assault on Scotland’s democratic rights, Scotland’s financial and demographic pursuits, and Scotland’s common sovereignty.
They’ve finished this by willingly taking part within the votes, legitimising with their participation the fitting of this England as UK parliament to say it might rule over Scotland.
This isn’t what was or is anticipated of them. What was and is anticipated of them is to take away the fitting of that parliament to proceed calling itself and working as “UK” parliament when it’s in any respect sensible results an England-only parliament.
They may have stopped that legitimacy each day of the final 8 years by briefly suspending the treaty of union and act of union with England till both brexit, or any laws poisonous to Scotland, was known as off, or the union ended. Clearly they haven’t spine for such a factor, however no less than they might have disrupted procedures each day till Scotland received its approach.
As an alternative, they selected to protect that union what come could and betray Scotland’s pursuits for the sake of these of the crown and England.
When a majority of Scotland’s MPs vote AGAINST one thing in that parliament, you can not take it as a mutual/union settlement. It’s a unilateral choice of the kIngdom of England and the crown, and subsequently imposition of absolute rule on Scotland and a violation of the declare of proper. Our MPs and life friends within the HoLs have allowed this to occur when they need to have stopped it. They’re clearly not representing Scotland however themselves at finest, or at worse, the curiosity of a self-serving crown that solely sees Scotland as one other possesion in its portfolio of properties.
The UK parliament is a byproduct of that treaty. The treaty ends, the legitimacy of Westminster as “UK” parliament ends. Scotland’s actual parliament reconvenes and the UK parliament ends. Any of these two entites, the parliaments of the Kingdoms of Scotland and England, can terminate the treaty at any time of their selecting, it doesn’t matter what an English court docket, of doubtful legitimacy beneath the treaty of union, claims.
It may be argued that the exterior strain and “obligation” of Scotland to stay on this treaty towards its will, as exercised by England’s political events abusing their place of energy to cease Scotland’s self-determination, is a direct breach of the Declare of Proper, a basic situation of the treaty, ergo purpose sufficient to declare the treaty void.
It may also be argued that the willpower of Scotland’s personal representatives to frustrate the desire of the natives to self-determine by proceed to incorporate into the voting franchise a sizeable variety of migrants imported from the colonial energy with no allegiance, nor intention to ever have allegiance to Scotland, can be a violation of the Declare of Proper.
Scotland’s natives in 2014 voted sure. Scotland is compelled to stay on this union by voters coming from the colonial energy. If this isn’t a direct assault on the fitting of Scotland’s self-determination what’s.
If the treaty ends, then Westminster loses its legitimacy to proceed performing as “UK” parliament in the identical approach the “UK” authorities loses its legitimacy to proceed ruling over Scotland. The identical occurs to the English court docket in any other case often known as “supreme court docket”, if beneath the treaty of union this entity ever had that legitimacy within the first place. If the legitimacy of these establishments to behave on behalf of Scotland ends, then they’re in no place to determine if the independence of Scotland has been achieved “legally” or not. That’s for a world court docket to determine.
Let’s be clear. The one purpose why any “UK” entity, and that features the English court docket in any other case often known as “Supreme” court docket continues to train legitimacy over Scotland on the again of that treaty is becasue it’s handy to our political class, specifically our MPs and life friends, to proceed ignoring the breaches of the treaty and our declare of proper and as a substitute preserve handing over to England and the crown legitimacy to rule Scotland. However this doesn’t imply we, the voters, merely have to just accept their betrayal as gospel.
The quickest authorized path to Scotland’s independence is and has at all times been the unilateral revoking of the Treaty of Union and the Act of Union with England. This may be finished unilaterally by Scotland in its personal parliament. For so long as it continues to function beneath the straight jacket of the Scotland Act, Holyrood will not be Scotland’s parliament, it’s an appendage of Westminster. It’s England’s parliament in Scotland. Scotland’s parliament is represented by Scotland’s MPs and what’s left of Scotland’s life friends within the Home of Lords and it’s these who proceed to protect the union towards the desire of the vast majority of Scotland’s natives who voted in 2014.
Why on earth this worldwide regulation route has not been pursued within the final 8, nearly 9 years when we’ve got had absolute majorities of, what we thought, have been anti-union MPs, is past me. There’s solely three explanations:
1. The SNP since Sturgeon and now beneath Yousaf by no means had the intention to pursue independence, or/and
2. There isn’t any urge for food to revoke the treaty of union and act of union with England becasue that will not mechanically grant the Kingdom of England the title of UK continuator state.
3. The crown continues to place strain within the preservation of this union for pure self-interest and self-preservation, simply because it did in 1706 and, unsuccessfully, earlier than that.
In step with worldwide regulation, there are three potential exits from that treaty:
1. a breach of the elemental rules of the treaty – this has occurred repeatedly over the past 300 years. Level 3 can be a direct violation of Scotland’s Declare of Rigth which the king swore allegiance to.
2. A cloth change in circumstances – this has occurred repeatedly over the past 300 years
3. Mutual settlement between the 2 events.
YOu don’t want the three of them to occur simultaneoulsy. Simply want one.
The political fraud Sturgeon was spoled for alternative. A cloth change in circumstances occurred already on the 18 September 2014, the day the vast majority of the natives voted to finish the union. One other change in circumstances occurred on the 19 September, the day EVEL was introduced and when it change into apparent the “vow” was a fraudulent political supply the colonial political events by no means had any intention to ship. One other materials change in circumstances occurred on the eighth Might 2015, the day Scotland despatched 56 anti-union MPs to Westmisnter. Then we’ve got brexit. Then we’ve got the try for the crown to place in regulation English conference of parliamentary sovereignty to frustrate Scotland’s common sovereignty. However she selected to not pursue it as a result of she was by no means fascinated about independence. All what she was fascinated about was to manufacture obstacles to cease independence.
However she didn’t do that alone. MSPs and MPs indulged this political fraud in her anti-independence stance as a substitute of difficult her at each potential transfer. Similar to they indulged her, the corrupt government and NEC of the occasion within the current funds fiasco or the farce that was the final management contest, as a substitute of rebelling in masse, lance the boil, expose the entire thing and demanding it to be put proper when suspicions first emerged. The state of affairs of the occasion as we speak is subsequently the results of the MPs and MSPs indulgence to politcal frauds, their inaction and blind eye angle to all what has been taking place.
So, fairly frankly, could the lot of them and their fake claims of legality once they have been permitting steady breaches of Scotland’s proper to self willpower and Declare of Proper for the final 8 years, rot in hell. We shouldn’t be losing any extra of our time speaking about tips on how to restore the SNP our personal SnP MPs and MSPs enthusiastically helped to destroy and sink or, no less than, selected to not cease to sink. We should always discuss tips on how to lastly bury its lifeless carcass, which is now an albatross across the independence motion’s neck, so the independence motion can lastly transfer ahead and get better the bottom the political frauds inside Sturgeon’s SNP and their indulgent MPs and MSPs made us lose.