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Christine Grahame MSP in the Scottish Parliament, 26th January 2012, giving a fascinating speech about where sovereignty lies in Scotland and the history of Scotland's "jigsaw" constitution.

'[Consider] the claim of right from 1989 and the words:

'“We, gathered as the Scottish Constitutional Convention, do hereby acknowledge the sovereign right of the Scottish people to determine the form of Government best suited to their needs”.

'That Constitutional Convention was proposed in a private members bill way back in 1980 by the SNP leader, Gordon Wilson. Where did that sovereign right come from? There is no written UK constitution, but there are fragments of an incomplete constitutional jigsaw, some of which predate the treaty of union. We have to go as far back as the declaration of Arbroath—a declaration of Scottish independence and of conditional monarchy. Talking of Robert the Bruce, it says:

'"Yet if he should give up what he has begun, and agree to make us or our kingdom subject to the King of England or the English, we should exert ourselves at once to drive him out as our enemy and a subverter of his own rights and ours, and make some other man who was well able to defend us our King; for, as long as but a hundred of us remain alive, never will we on any conditions be brought under English rule.”

'That shows that he was a king who was in office by leave of those who, at the time, represented the people. They were a narrow bunch—some 51 magnates and nobles—but, nevertheless, he was on parole.

'The significance of those words, resonating through the centuries, is that the monarch’s power to rule was conditional on the will of the people of Scotland. That is reflected in the fact that Queen Elizabeth is Queen of Scots and not of Scotland. Therefore, sovereignty—now exercised in this democracy by various institutions—is exercised through the expressed will of the Scottish people.

'Even if the Parliament did not exist, if the Scottish people streamed out on to the streets of our towns, cities and villages to say with a clear voice on megaphones, on marches and online that they wanted an independent Scotland again, that would be a declaration of independence. No challenge from the Palace of Westminster, the corridors of the United Nations, this place or any courts could gainsay that. The Scottish people would say that they done it, and they done it their way.'

Christine Grahame MSP's speech is reproduced from: https://www.theyworkforyou.com/sp/?id=2012-01-26.38.0

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