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The Scottish Parliament Does Have the Right to Withdraw from the Act of Union


17 Dec, 2018 in Uncategorized by craig

The London Supreme Court last week not only confirmed that the Westminster Parliament could overrule at will any Scottish Government legislation, irrespective of the Scotland Act and the Sewell Convention, but it also ruled that Westminster had already successfully done so, by retrospectively passing provisions in the EU (Withdrawal) Act that overruled the Bill on the same subject, within the competence of the Scottish Parliament, that had already been passed by Holyrood.

Not content with that, the London Supreme Court confirmed that London ministers may, by secondary legislation, under the Scotland Act decree laws for Scotland that are not even passed through the Westminster parliament.

Which leaves Scotland in this extraordinary situation. English MPs or English ministers in their London Parliament can, at any time, impose any legislation they choose on Scotland, overriding Scotland’s parliament and Scotland’s representation in the London parliament. Yet, under the English Votes for English Laws rules of the London Parliament introduced by the Tories in 2015, Scottish MPs cannot vote at all on matters solely affecting England.

That is plainly a situation of colonial subservience.

I am firmly of the view that the Scottish government should now move to withdraw from the Treaty of Union. Scotland’s right to self determination is inalienable. It cannot be signed away forever or restricted by past decisions.

The Independence of a country is not a matter of domestic law it is a matter of international law. The right of the Scottish Parliament to declare Independence may not be restricted by UK domestic law or by purported limitations on the powers of the Scottish Parliament. The legal position is set out very clearly here:

5.5 Consistent with this general approach, international law has not treated the legality of
the act of secession under the internal law of the predecessor State as determining the effect
of that act on the international plane. In most cases of secession, of course, the predecessor
State‟s law will not have been complied with: that is true almost as a matter of definition.

5.6 Nor is compliance with the law of the predecessor State a condition for the declaration
of independence to be recognised by third States, if other conditions for recognition are
fulfilled. The conditions do not include compliance with the internal legal requirements of
the predecessor State. Otherwise the international legality of a secession would be
predetermined by the very system of internal law called in question by the circumstances in
which the secession is occurring.

5.7 For the same reason, the constitutional authority of the seceding entity to proclaim
independence within the predecessor State is not determinative as a matter of international
law. In most if not all cases, provincial or regional authorities will lack the constitutional
authority to secede. The act of secession is not thereby excluded. Moreover, representative
institutions may legitimately act, and seek to reflect the views of their constituents, beyond
the scope of already conferred power.

That is a commendably concise and accurate description of the legal position. Of major relevance, it is the legal opinion of the Government of the United Kingdom, as submitted to the International Court of Justice in the Kosovo case. The International Court of Justice endorsed this view, so it is both established law and the opinion of the British Government that the Scottish Government has the right to declare Independence without the agreement or permission of London and completely irrespective of the London Supreme Court.

I have continually explained on this site that the legality of a Declaration of Independence is in no sense determined by the law of the metropolitan state, but is purely a matter of recognition by other countries and thus acceptance into the United Nations. The UK Government set this out plainly in response to a question from a judge in the Kosovo case:
  • As the United Kingdom stated in oral argument, international law contains no
    prohibition against declarations of independence as such. 1 Whether a declaration of
    independence leads to the creation of a new State by separation or secession depends
    not on the fact of the declaration but on subsequent developments, notably recognition
    by other States. As a general matter, an act not prohibited by international law needs
    no authorization. This position holds with respect to States. It holds also with respect
    to acts of individuals or groups, for international law prohibits conduct of non-State
    entities only exceptionally and where expressly indicated.
As I have stressed, the SNP should now be making a massive effort to prepare other countries, especially in the EU and in the developing world, to recognise Scotland when the moment comes. There is no task more important. There is a worrying lack of activity in this area. It may currently not be possible to spend government money on sending out envoys for this task, but if personal envoys were endorsed by the First Minister they would get access and could easily be crowd funded by the Independence Movement. I am one of a number of former senior British diplomats who would happily undertake this work without pay. We should be lobbying not just the EU but every country in Africa, Asia and South America.

My preferred route to Independence is this. The Scottish Parliament should immediately legislate for a new Independence referendum. The London Government will attempt to block it. The Scottish Parliament should then convene a National Assembly of all nationally elected Scottish representatives – MSPs, MPs and MEPs. That National Assembly should declare Independence, appeal to other countries for recognition, reach agreements with the rump UK and organise a confirmatory plebiscite. That is legal, democratic and consistent with normal international practice.

There will never be a better time than now for Scotland to become an Independent, normal, nation once again. It is no time for faint hearts or haverers; we must seize the moment.

Craig Murray

#GE2019 #AusterityKills #ToryAusterity #BorisBot #BorisTheCoward #BorisTheLiar #ToryLies #ToriesOut #VoteNHS #death #poverty #UKPolitics #RevokeRemainRebuild #Brexit #NorthernIreland #NI #GeneralElection2019 #GE19 #LabourBrexitPolicy #JC4PM #Yellowhammer #UK #GB #UnitedKingdom #GreatBritain #England #Britain #HouseOfCommons #DowningStreetNo10 #Labour #Tories #Tory #Farage #NigelFarage #ProjectFear #Europe #Europa #EuropeanUnion #NoDealBrexit #HardBrexit #WTO #Ireland #Ulster #HardBorder #Backstop #OrderlyBrexit #DownAndOut #London #Scotland #Independence #Economics #Economy #NoDeal #Parliament #Brexit #NoDealBrexit #PoliticsLive 🎩 🍾 😴 💤 #coupdEtat #Brexit #StopBrexit #LostDemocracy #StopTheCoup #Palpatine #Empire #capitalism #corporatocracy #ToryLies #ToriesOut #BrexitChaos #PeoplesVote #democracy #Parliament #LostDemocracy #BorisJohnsonLies #StopTheCoup #LiarLiar #ToryLies #ToriesOut #BrexitChaos #BrexitShambles #PeoplesVote #ConservativesOUT #NHS #SavetheNHS #HedgeFunds #SNP #Scotland #independence
 
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The Scottish Parliament Does Have the Right to Withdraw from the Act of Union


17 Dec, 2018 in Uncategorized by craig

The London Supreme Court last week not only confirmed that the Westminster Parliament could overrule at will any Scottish Government legislation, irrespective of the Scotland Act and the Sewell Convention, but it also ruled that Westminster had already successfully done so, by retrospectively passing provisions in the EU (Withdrawal) Act that overruled the Bill on the same subject, within the competence of the Scottish Parliament, that had already been passed by Holyrood.

Not content with that, the London Supreme Court confirmed that London ministers may, by secondary legislation, under the Scotland Act decree laws for Scotland that are not even passed through the Westminster parliament.

Which leaves Scotland in this extraordinary situation. English MPs or English ministers in their London Parliament can, at any time, impose any legislation they choose on Scotland, overriding Scotland’s parliament and Scotland’s representation in the London parliament. Yet, under the English Votes for English Laws rules of the London Parliament introduced by the Tories in 2015, Scottish MPs cannot vote at all on matters solely affecting England.

That is plainly a situation of colonial subservience.

I am firmly of the view that the Scottish government should now move to withdraw from the Treaty of Union. Scotland’s right to self determination is inalienable. It cannot be signed away forever or restricted by past decisions.

The Independence of a country is not a matter of domestic law it is a matter of international law. The right of the Scottish Parliament to declare Independence may not be restricted by UK domestic law or by purported limitations on the powers of the Scottish Parliament. The legal position is set out very clearly here:

5.5 Consistent with this general approach, international law has not treated the legality of
the act of secession under the internal law of the predecessor State as determining the effect
of that act on the international plane. In most cases of secession, of course, the predecessor
State‟s law will not have been complied with: that is true almost as a matter of definition.

5.6 Nor is compliance with the law of the predecessor State a condition for the declaration
of independence to be recognised by third States, if other conditions for recognition are
fulfilled. The conditions do not include compliance with the internal legal requirements of
the predecessor State. Otherwise the international legality of a secession would be
predetermined by the very system of internal law called in question by the circumstances in
which the secession is occurring.

5.7 For the same reason, the constitutional authority of the seceding entity to proclaim
independence within the predecessor State is not determinative as a matter of international
law. In most if not all cases, provincial or regional authorities will lack the constitutional
authority to secede. The act of secession is not thereby excluded. Moreover, representative
institutions may legitimately act, and seek to reflect the views of their constituents, beyond
the scope of already conferred power.

That is a commendably concise and accurate description of the legal position. Of major relevance, it is the legal opinion of the Government of the United Kingdom, as submitted to the International Court of Justice in the Kosovo case. The International Court of Justice endorsed this view, so it is both established law and the opinion of the British Government that the Scottish Government has the right to declare Independence without the agreement or permission of London and completely irrespective of the London Supreme Court.

I have continually explained on this site that the legality of a Declaration of Independence is in no sense determined by the law of the metropolitan state, but is purely a matter of recognition by other countries and thus acceptance into the United Nations. The UK Government set this out plainly in response to a question from a judge in the Kosovo case:
  • As the United Kingdom stated in oral argument, international law contains no
    prohibition against declarations of independence as such. 1 Whether a declaration of
    independence leads to the creation of a new State by separation or secession depends
    not on the fact of the declaration but on subsequent developments, notably recognition
    by other States. As a general matter, an act not prohibited by international law needs
    no authorization. This position holds with respect to States. It holds also with respect
    to acts of individuals or groups, for international law prohibits conduct of non-State
    entities only exceptionally and where expressly indicated.
As I have stressed, the SNP should now be making a massive effort to prepare other countries, especially in the EU and in the developing world, to recognise Scotland when the moment comes. There is no task more important. There is a worrying lack of activity in this area. It may currently not be possible to spend government money on sending out envoys for this task, but if personal envoys were endorsed by the First Minister they would get access and could easily be crowd funded by the Independence Movement. I am one of a number of former senior British diplomats who would happily undertake this work without pay. We should be lobbying not just the EU but every country in Africa, Asia and South America.

My preferred route to Independence is this. The Scottish Parliament should immediately legislate for a new Independence referendum. The London Government will attempt to block it. The Scottish Parliament should then convene a National Assembly of all nationally elected Scottish representatives – MSPs, MPs and MEPs. That National Assembly should declare Independence, appeal to other countries for recognition, reach agreements with the rump UK and organise a confirmatory plebiscite. That is legal, democratic and consistent with normal international practice.

There will never be a better time than now for Scotland to become an Independent, normal, nation once again. It is no time for faint hearts or haverers; we must seize the moment.

Craig Murray

#GE2019 #AusterityKills #ToryAusterity #BorisBot #BorisTheCoward #BorisTheLiar #ToryLies #ToriesOut #VoteNHS #death #poverty #UKPolitics #RevokeRemainRebuild #Brexit #NorthernIreland #NI #GeneralElection2019 #GE19 #LabourBrexitPolicy #JC4PM #Yellowhammer #UK #GB #UnitedKingdom #GreatBritain #England #Britain #HouseOfCommons #DowningStreetNo10 #Labour #Tories #Tory #Farage #NigelFarage #ProjectFear #Europe #Europa #EuropeanUnion #NoDealBrexit #HardBrexit #WTO #Ireland #Ulster #HardBorder #Backstop #OrderlyBrexit #DownAndOut #London #Scotland #Independence #Economics #Economy #NoDeal #Parliament #Brexit #NoDealBrexit #PoliticsLive 🎩 🍾 😴 💤 #coupdEtat #Brexit #StopBrexit #LostDemocracy #StopTheCoup #Palpatine #Empire #capitalism #corporatocracy #ToryLies #ToriesOut #BrexitChaos #PeoplesVote #democracy #Parliament #LostDemocracy #BorisJohnsonLies #StopTheCoup #LiarLiar #ToryLies #ToriesOut #BrexitChaos #BrexitShambles #PeoplesVote #ConservativesOUT #NHS #SavetheNHS #HedgeFunds #SNP #Scotland #independence
 
Yesterday’s election in the UK has overshadowed a less important but pretty spectacular development in the South Pacific: The archipelago of #Bougainville, which is home to 200.000 people, has voted for #independence in a #referendum. A crushing majority of 98% voted for secession from Papua New Guinea which means that the world is likely to have a new nation pretty soon.

https://www.independent.co.uk/news/world/australasia/bougainville-independence-newest-nation-vote-papua-new-guinea-south-pacific-a9242291.html #NWOnews #PapuaNewGuinea #NewGuinea #Oceania #politics
 
Yesterday’s election in the UK has overshadowed a less important but pretty spectacular development in the South Pacific: The archipelago of #Bougainville, which is home to 200.000 people, has voted for #independence in a #referendum. A crushing majority of 98% voted for secession from Papua New Guinea which means that the world is likely to have a new nation pretty soon.

https://www.independent.co.uk/news/world/australasia/bougainville-independence-newest-nation-vote-papua-new-guinea-south-pacific-a9242291.html #NWOnews #PapuaNewGuinea #NewGuinea #Oceania #politics
 

Has everybody seen "Seed - The Untold Story"?


Just watched it and recommend it.

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As many documentaries, it should be mostly seen by people who wouldn't watch such documentaries without a nudge. So please go around and nudge others! :)

#seed #diversity #documentary #film #movie #gmo #food #sustainability #independence #freedom
 
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Yom Ha'atzmaut

Israeli Independence Day


Prime Minister David Ben-Gurion on 14 May 1948. The mood outside of Ben-Gurion's home just prior to the declaration was joyous:
"The Jews of Palestine ... were dancing because they were about to realize what was one of the most remarkable and inspiring achievements in human history: A people which had been exiled from its homeland two thousand years before, which had endured countless pogroms, expulsions, and persecutions, but which had refused to relinquish its identity—which had, on the contrary, substantially strengthened that identity; a people which only a few years before had been the victim of mankind’s largest single act of mass murder, killing a third of the world’s Jews, that people was returning home as sovereign citizens in their own independent state."
#Zahal #IDF #Israel #Israeli #jewish #jew #hebrew #Middle East #photo #picture #defence #girls #women #soldier #Independence #free #freedom

P.S. Special congratulations to all Zahal girls!

https://zahal.org/the-zahal-girls-gallery/

 
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The next #elections to the European #Parliament will be held between 23 and 26 May 2019. We want to make sure that as many candidates as possible are aware of our work to #empower users to control technology.

As it currently stands, more than half of the current Members of the European Parliament will leave the parliament. We need to establish new contacts to advocate for Free Software in the next term. For this we need your help in order to promote the "Public Money? Public Code!" initiative.

1) #Mail to #EU election #candidates

A mail is a good first step to establish contact with a candidate. If you want to contact your candidate by e-mail, here are some hints and tips for your mailing:
•use a concise subject
•introduce yourself as an interested voter
•introduce Free Software, talk about the four freedoms and why #Free #Software is important for you and the EU
•ask a question - i.e. if the candidate wants to support Free Software in the European Parliament, does the candidate shares our values, which we communicate in our "Public Money? Public Code!" Campaign
•ask if she/he needs any additional information or if she/he is open for a personal conversation about this topic
•include a link to our brochure, ask if she/he wants to have a hard copy

Once you have done this mailing you should also try to stay in contact with your candidate. If you do not get an answer within one week ask friendly when you can expect a reply. Once you got an answer please share it with us in order to discuss how to proceed.

2) Contact EU election candidates on social networks

If you want to contact your candidate on social networks here are some hints and tips:

•especially on social networks we highly recommend you to stay calm
•try to be precise
•use our share pics and videos

•use links to our campaign websites and news items
•ask a question - e.g. if the candidate wants to support Free Software in the European Parliament or whether the candidate shares our values which we communicate in our "Public Money? Public Code!" campaign

Please share your thread with us.

If you contact your candidate, please keep in mind that you are probably contacting somebody who is not familiar with Free Software yet and needs to be convinced. There are lots of arguments you can use, e.g.:

•#Interoperability thanks to #Open #Standards
•#Independence through Free Software #licenses
•#Collaboration shares risks and costs
•#Transparency by default
•#Involvement of local partners and economy
•#Auditable code

You will find all arguments on our FSFE website, on the "Public Money? Public Code!" campaign website, or in our new brochure. If you have any questions, please feel free to contact us.

Join our community of freedom fighters

Here are some general hints and tips:

•try to use your own words and do not copy and paste to much
•try to use a non-technical language where possible
•think about which arguments suit which candidate; economic arguments may fit better with candidates who care about the economy, fundamental rights or IT security arguments may fit better with digital rights experts
•do not get upset if a candidate will not follow your arguments, stay calm and try another argument or contact another candidate. There are many who are interested
•always be polite

Thank you for your support!

Best regards,
Alexander Sander

--
Free Software Foundation Europe e.V.
Schönhauser Allee 6/7, 10119 Berlin, Germany.
Registered at Amtsgericht Hamburg, VR 17030
Your support enables our work: https://my.fsfe.org/support
 
That's all the photos from today's Independence March in Glasgow. Hope you enjoyed this wee flavour of the event.

#Scotland #independence #Yes #Glaschu #Glasgow
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Probably the biggest ever Independence March.

#Scotland #independence #Yes #Glaschu #Glasgow
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Glasgow Independence March with international support.

#Scotland #independence #Yes #Glaschu #Glasgow #Wales #Cymru
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Scottish Independence -
May the 4th be with you

Has this Stormtrooper switched sides?

#Scotland #independence #Yes #Glaschu #Glasgow #StarWars
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Just over one hour to the start of this year's Independence March in Glasgow.

As a wee taster here is a video showing some scenes from last year's huge march.

Come on you Yessers!

https://www.youtube.com/watch?v=aHWW3GW3lIc

#Scotland #independence #Yes #Glaschu #Glasgow
 
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