MacCormick v Lord Advocate (1953)

"The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law... Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament, I have difficulty in seeing why it should have been supposed that the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish Parliament, as if all that happened in 1707 was that Scottish representatives were admitted to the Parliament of England. That is not what was done."

http://en.wikisource.org/wiki/MacCormick_v_Lord_Advocate

Extract from the Judgement in MacCormick v Lord Advocate 1953 the famous case brought by Ian Hamilton and John MacCormick (one of the most important early Scottish nationalists if not the most).

 

Also some background info on the Treaty of Union which clearly establishes that it was a treaty under international law not an act of Parliament. The acts are seperate and ratified the treaty.

 

http://www.journalonline.co.uk/Magazine/52-6/1004238.aspx

 

While I'm sure the intention of England was to subsume Scotland within her parliament and the effect of the treaty was perhaps similar (we got roughly the same amount of MP's as Cornwall at the time) the legal position is that this was an internationally binding treaty between two seperate and equal nations.

 

The reason why they could not just conquer Scotland (though there was a threat of military force and the equivalent of economic sanctions in effect at the time) was the 400 years or so of relative peace after we defended our liberty in the Wars of Independence.

Without that historic event we would now be in a much shakier legal position. Thank you William Wallace and Robert the Bruce! Also the foresighted Scots Nobles who signed the Declaration of Arbroath on our behalf which is the basis of Scotland's Claim of Right and which was agreed in modern times by every unionist politician.