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.
It is no accident that from 1999, with the opening of the Scottish parliament, there has been a marked increase in the popular cultural use of the symbols of Britain and Britishness. Before then, with the exception of a minority of nationalists and republicans, the union flag flying over council offices and other public buildings in Scotland hardly raised an eyebrow. The flag of the UK was a simple and largely inoffensive statement of political settlement and reality. It was rare, if ever, it was featured in popular entertainment.