The Mudcat Café TM
Thread #128426   Message #2879030
Posted By: GUEST,Allan Connochie
03-Apr-10 - 06:56 PM
Thread Name: BS: Starting gun fired: UK General Election
Subject: RE: BS: Starting gun fired: UK General Election
"Surely as of 1603 the crown of Scotland (James 1/6) was sovereign in Scotland and when the Carolinian line became subject to the will of parliament (or, if you prefer, the will of parliament was re-asserted, since the "divine right of kings" was a continental concept) that was as true of Scottish law as of English.

Both Scotland and the Isle of Sheppey are parts of Great Britain."

Of course Scotland and the Isle of Sheppey are both parts of Great Britain but Scotland is a constituent part whereas the Isle of Sheppey is part of England which is the comaparable constituent part.

The idea of the Divine Right of Kings in Scotland ended when James VII was thrown off his throne and branded a traitor. The Scottish Estates then offered the throne to Mary Stuart and her husband William of Orange but they made it clear that it was to be offered on a limitd constitutional monarchy basis. All this happened when Scotland and England were two seperate kingdoms. 17thC parliamentary sovereignty in England has no relevance to Scotland which had a completely seperate parliament. The Union of Parliaments did not happen until 1707 when the kingdoms of Soctland and England were united into the single kingdom of Great Britain.

The Court Case in question was over the numeral used by the newly crowned Elizabeth II. The governement was taken to court as there had never been an Elizabeth I in Scotland. The government used the argument that they (ie Parliament) was sovereign and could call the monarch what they liked. The Scottish law Court rejected this argument because Parliamentary Sovereignty did not apply in Scotland but decreed that the monarch's numeral was a personal choice and that the monarch could call themselves what they liked. The palace has since confirmed that the monarchs would be named by the highest available numeral. Hence we can be pretty certain that no prince will ever be called Robert or Alexander :-)