Monday, 17 September 2007
Professor Gordon Donaldson writes in his book 'Scotland: The Shaping of a Nation' -
'Yet the Scots made a grave miscalculation. They thought of the treaty as a written constitution,...But the theories of English constitutional lawers prevailed, and the union has proved to have no more sanctity than any other statute...The list of violations of the treaty is already a long one and always growing longer...The fact is that, contrary to the beliefs and hopes of those who framed it, the treaty of union has proved to be a mere scrap of paper, to be torn up at the whim of any British government.'
There appears to be an international misunderstanding about the status of Scotland - political and geographic. The use of the name Britain when the subject is England is just one example of this misunderstanding. There is a tendency in certain parts of the British media to say Britain when bad news abroad concerns England, but Scotland when it concerns Scotland. The car of a Dutch tourist was fitted with the most up to date satellite navigation equipment which informed him that he was in England - he was in Fort William, a town on the North West coast of Scotland. He also said that no-one actually considered the northern part of this island (Britain) as anything other than England. When a search on 'Scotland' is performed in US newspapers online the most frequently returned result is about golf, which could give the false impression that Scotland is just a glorified golf course appended to England.
England is not Britain (only the largest part) and Scotland is not part of England. Since 1922 there have been three countries and part of another in the United Kingdom of Great Britain and Northern Ireland - Scotland, England, Wales and Northern Ireland. Despite the Union of the Crowns (a misnomer as there were and still are two kingdoms) in 1603 and and the Treaty of Union in 1707, Scotland and England do not have a shared history. The following are extracts from Articles 18 and 19 of the Treaty of Union of 1707 -
'XVIII. ...and that all other laws within the Kingdom of Scotland, do after the Union, and notwithstanding thereof, remain in the same force as before (except such as are contrary to, or inconsistent with this Treaty) but alterable by the Parliament of Great Britain:...
XIX. That the Court of Session, or College of Justice, do after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations for the better Administration of Justice as shall be made by the Parliament of Great Britain...And that the Court of Justiciary do also after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations as shall be made by the Parliament of Great Britain, and without prejudice of other Rights of Justiciary...and that the said Courts, or any other of the like nature, after the Union, shall have no power to cognose, review, or alter the Acts or Sentences of the Judicatures within Scotland or to stop the execution of the same...'