The 1689 – Scottish “Claim of Right” and Common Law
The document contains the assertion that ultimate power rests with the “Nation of Scotland”, and the UK Parliament is but their representative.
Claims by politicians that they represent “what the people want” are often exploited in the corridors of the Parliament at Westminster under the guise of representing the Nation state of the UK.
And in this respect letters from government ministers or other persons to the courts of Justice ordaining Judges to stop or desist from determining causes, or ordaining them how to proceed in causes depending before them is contrary to law.
Judicial decisions are legitimately open to comment and criticism. But more than one Home Secretary has sought to tell the judiciary how to apply (or how not to apply) the law and there is an increasing tendency to invoke the doctrine of Parliamentary sovereignty, which properly applies only to duly enacted legislation, to justify Ministers and other politicians in criticising, or even abusing, judges for disregarding their view of the law and how it is to be interpreted and applied.
SCOTLAND’S MAGNA CARTA: THE CLAIM OF RIGHT
AND THE COMMON LAW
Professor the Rt Hon Sir David Edward KCMG QC FRSE*