I am very fortunate to be on emailing terms with the Scottish patriot (and hero) Ian Hamilton QC. I asked him what he thought might be the outcome of the current UK Supreme Court proroguing case and this is what he said:
If ever there is a conflict of laws this is it. Scots law is for and of the people. English law is for the rulers. The difference dates from 1329 and from the threat to the holder of the throne who is there by a choice which can be changed if he or she misbehaves.
This difference is with us as I write. South of us is a territory which has been conquered – hence the queen of England – but to us, the unconquerable, and therefore the queen of Scots. It would be absurd to write of Mary Queen of Scotland as it would be to write of Elizabeth Queen of English. A slight change in title represents a thousand years of history. It would have struck in my craw to swear to a territorial kingdom.
Each title is right for each country but as ever the power lies with England.
[In 1953 Ian was involved in a case questioning whether the current queen could be referred to as Elizabeth II since there had never been a Queen Elizabeth of Scots] In Lord President Cooper’s opinion in MacCormick v the Lord Advocate, what is not reported is the sneers we met outside court until, when moved by the Crown for expenses [LP Cooper] refused because, he said, “this case was raised by two gentlemen of Scotland in the public interest”. I don’t think you would anywhere else see two landless loons described as gentlemen of Scotland. His judgement stated clearly that in Scotland the power lay with the people, the Scots.
Lord Carloway knew the principle behind our law and expressed it bravely. I cannot tell you the result [from the UK Supreme Court] I can only, with tears in my eyes, give you the two opposing slogans: God save the King; God bless the people.
If only they could be compatible, as they should be. However I fear that where the power lies there goes the slogan. But where the people cry there also will the slogan cry out.
God save the Scots.
If you want to read more by Ian Hamilton he has a selection of fine works still in print (my personal favourite is Stone of Destiny).




