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Scots Law Tales$
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John Grant and Elaine E. Sutherland

Print publication date: 2010

Print ISBN-13: 9781845860677

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845860677.001.0001

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A Flag in the Wind

A Flag in the Wind

MacCormick v Lord Advocate

(p.23) Chapter 2 A Flag in the Wind
Scots Law Tales

Gavin Little

Edinburgh University Press

This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British Parliament breached the basic law of the Treaty of Union of 1707 when they passed the Royal Titles Act 1953. He argued that the passage of the Act demonstrated the excessive power of the Parliament. The Court of Session however still dismissed the case based on the jury's ruling that parliamentary sovereignty was a basic principle of the Scottish constitutional law. The case gained considerable attention not only due to its commitment to the Scottish indigeneity, but also due to the controversial dissenting opinion of Lord Cooper, the Lord President of the Court of Session.

Keywords:   MacCormick case, John MacCormick, British Parliament, basic law, Treaty of Union of 1707, Royal Titles Act 1953, Court of Session, parliamentary sovereignty, Scottish constitutional law, Scottish indigeneity

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