In the independence movement we talk so much about building a better Scotland, about improving the lot of Scottish people in Scotland. We talk about beginning this ‘indy’ as we mean to go on. This is all just talk, though – isn’t it? I want to start as I mean to go on. I want to begin Scottish independence with a whole new Scotland, not a reset to the ugliness that was aristocratic Scotland prior to 1707. The world has changed. We have changed. Say what you want about prioritising independence before a Republic, I want both – and I want both because I do not believe...
Moreover, this judgement in itself renders it weak and vulnerable – once again subjecting the independence of the Scottish legal system to that of the British state. In referring the matter to the final judgement of the Supreme Court in London the implication is that the Court of Session is not the highest court in Scotland – that it has no real independence, that Scots Law must be tested through a higher British court before it can be considered valid, legal and binding in and over this so-called union of equals. This strikes me as utterly pathetic.
When the Advocate General says Westminster is sovereign and the Scottish parliament is not he is presuming a definition of sovereignty which is fundamentally foreign to the Scottish national constitution. More than this, he is assuming a unicity – a singular notion of sovereignty and power in a singular British state – that has never before been made explicit. He is giving England’s idea of sovereignty priority over that of Scotland. This engenders a worrying logical problem; unicity renders the heretofore existing duality of legal understandings impossible.
Britain is no different with regard to its power structure than any other bureaucratic state. Power is not truly in the hands of the people – the demos or the representatives it elects. In the bureaucratic state, which all democracies are, the locus of power is the upper reaches of the state bureaucracy. What makes the United Kingdom different – even from many other constitutional monarchies – is that this bureaucracy of state is thoroughly dominated by the hegemony of a medieval royal estate.
If we wanted to – which of course we don’t – we could have a referendum on independence every six months. There is nothing in law – be that Scots law or the British law that has been imposed upon us – that states we cannot do this.