Arbroath Declaration vs Scotland Act: Who Can Fire The King?

. 1320 DECLARATION OF ARBROATH 6 April 1320 Arbroath Abbey, 39 barons to Pope.

They said: Robert Bruce is King because we say so. If he gives Scotland to England we drive him out and make another King.

Quote: "we should exert ourselves at once to drive him out as our enemy and subverter of his own rights and ours, and make some other man our King."

And: "while a hundred of us remain alive, never will we be brought under English rule."

Meaning: People hire and fire King.

1689 CLAIM OF RIGHT - STILL LAW TODAY Scots sacked James VII. Said he forfeited throne because he invaded fundamental constitution and turned legal limited monarchy into arbitrary despotic power.

Then offered Crown to William and Mary.

Crown belongs to people. This Act still on statute book.

Top Scottish judge Lord President Cooper: "The principle of unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law."

In England Parliament sovereign. In Scotland people sovereign.

"sovereign right of Scottish people to determine form of Government best suited to their needs."

Endorsed by both parliaments. Reaffirmed unanimously Holyrood 2012.

5. 1998 SCOTLAND ACT - THE REVERSAL Westminster created Holyrood but kept:

(a) Crown

(b) Union of Kingdoms of Scotland and England

(c) Westminster Parliament

as reserved matters Schedule 5. Anything that relates to Union is outside Holyrood power Section 29.

6. 2022 SUPREME COURT 23 Nov 2022 UKSC 31 unanimous.

Even consultative referendum has more than loose connection to Union.

Result: "Scottish Parliament does not have the power to legislate for referendum on independence."

Needs Westminster permission forever unless law changed.

Under Scots law 1320 / 1689 / 1953 / 1989: People sovereign, can fire King.

Under Scotland Act 1998 / 2022: Westminster sovereign, people need permission to vote.

Both cannot be true. That is why Union not settled.

Sources: NRS Arbroath, Claim of Right Act 1689 c.28, MacCormick 1953 SC 396, Claim of Right 1989, Scotland Act 1998 Sch5, UKSC 31 2022.