Claim of Right 1989
Encyclopedia
A Claim of Right for Scotland was a document crafted by the Scottish Constitutional Convention
in 1988, declaring the sovereignty
of the Scottish people. It was signed by all Labour and Liberal Democrat MPs, with the exception of Tam Dalyell
(Labour), a strident opponent of devolution
.
The Claim of Right was signed at the General Assembly Hall
, on the Mound
in Edinburgh
- on the 30th March 1989 by 58 of Scotland
's 72 Members of Parliament, 7 of Scotland's 8 MEPS
, 59 out of 65 the Scottish regional, district and island councils
, and numerous political parties, churches and other civic organisations
, eg. trade unions
. The document has never had any legal force, and remains a statement of popular opinion.
The Claim was part of a process which led to devolution
of powers from the Parliament of the United Kingdom
to a new Scottish Parliament
in 1999. Its title was a reference to the Claim of Right Act 1689
, an Act of the Parliament of Scotland
which limited the power of the Scottish monarch (at the time, William and Mary
) in much the same manner as the English Bill of Rights
passed the same year.
In October 2011 the Scottish Government announced that the Claim of Right will be brought before the Scottish Parliament to allow MSPs to re-endorse the claims of the sovereignty of the Scottish people.
Scottish Constitutional Convention
The Scottish Constitutional Convention was an association of Scottish political parties, churches and other civic groups, that developed a framework for a Scottish devolution. It is credited as having paved the way for the establishment of the Scottish Parliament in 1999.The Convention was...
in 1988, declaring the sovereignty
Popular sovereignty
Popular sovereignty or the sovereignty of the people is the political principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract...
of the Scottish people. It was signed by all Labour and Liberal Democrat MPs, with the exception of Tam Dalyell
Tam Dalyell
Sir Thomas Dalyell Loch, 11th Baronet , known as Tam Dalyell, is a British Labour Party politician, who was a Member of Parliament in the House of Commons from 1962 to 2005, first for West Lothian and then for Linlithgow.-Early life:...
(Labour), a strident opponent of devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
.
The Claim of Right was signed at the General Assembly Hall
General Assembly Hall of the Church of Scotland
The Assembly Hall is located between the Lawnmarket and The Mound in Edinburgh, Scotland. It is the meeting place of the General Assembly of the Church of Scotland.-History:...
, on the Mound
The Mound
The Mound is an artificial hill in central Edinburgh, Scotland, which connects Edinburgh's New Town and Old Town. It was formed by dumping around 1,501,000 cartloads of earth excavated from the foundations of the New Town into the drained Nor Loch which forms today's Princes Street Gardens. The...
in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
- on the 30th March 1989 by 58 of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
's 72 Members of Parliament, 7 of Scotland's 8 MEPS
MEPS
MEPS can refer to:* Military Entrance Processing Station* Marine Ecology Progress Series, a scientific journal dealing mostly with research in the field of marine ecology.* Methode d’Evaluation des Produits Securitaire “bancaires”...
, 59 out of 65 the Scottish regional, district and island councils
Regions and districts of Scotland
The local government areas of Scotland were redefined by the Local Government Act 1973 and redefined again by the Local Government etc Act 1994....
, and numerous political parties, churches and other civic organisations
Civil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
, eg. trade unions
Scottish Trades Union Congress
The Scottish Trades Union Congress is the co-ordinating body of trade unions, and local Trades Councils, in Scotland. With 39 affiliated unions as of 2007, the STUC represents around 630,000 trade unionists....
. The document has never had any legal force, and remains a statement of popular opinion.
The Claim was part of a process which led to devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
of powers from the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to a new Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
in 1999. Its title was a reference to the Claim of Right Act 1689
Claim of Right Act 1689
The Claim of Right is an Act passed by the Parliament of Scotland in April 1689. It is one of the key documents of Scottish constitutional law.-Background:...
, an Act of the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
which limited the power of the Scottish monarch (at the time, William and Mary
William and Mary
The phrase William and Mary usually refers to the coregency over the Kingdoms of England, Scotland and Ireland, of King William III & II and Queen Mary II...
) in much the same manner as the English Bill of Rights
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
passed the same year.
In October 2011 the Scottish Government announced that the Claim of Right will be brought before the Scottish Parliament to allow MSPs to re-endorse the claims of the sovereignty of the Scottish people.
Text of the Claim
The Claim of Right reads-Legal significance
The Claim of Right has never had or claimed any legal force, but some imbue it with constitutional significance in relation to Scotland.See also
- Claim of Right Act 1689Claim of Right Act 1689The Claim of Right is an Act passed by the Parliament of Scotland in April 1689. It is one of the key documents of Scottish constitutional law.-Background:...
- Popular sovereigntyPopular sovereigntyPopular sovereignty or the sovereignty of the people is the political principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract...
- Scottish Covenant AssociationScottish Covenant AssociationThe Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly...
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...