Claim of Right 1989
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''A Claim of Right for Scotland'' was a document crafted by the Campaign for a Scottish Assembly in 1988, declaring the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of the Scottish people. It was signed by all then-serving
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
and
Liberal Democrat Several political parties from around the world have been called the Liberal Democratic Party or Liberal Democrats. These parties usually follow a liberal democratic ideology. Active parties Former parties See also *Liberal democracy *Lib ...
MPs, with the exception of
Tam Dalyell Sir Thomas Dalyell, 11th Baronet, , ( ; 9 August 1932 – 26 January 2017), known as Tam Dalyell, was a Scottish Labour Party politician who was a member of the House of Commons from 1962 to 2005. He represented West Lothian from 1962 to 1983 ...
(Labour), a strident opponent of
devolution Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
. The list of signatories included several MPs who would later attain high office, including future prime minister
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party (UK), Leader of the Labour Party from 2007 to 2010. He previously served as Chance ...
, future chancellor
Alistair Darling Alistair Maclean Darling, Baron Darling of Roulanish, (born 28 November 1953) is a British politician who served as Chancellor of the Exchequer under Prime Minister Gordon Brown from 2007 to 2010. A member of the Labour Party, he was a Member ...
, and future leaders of the Liberal Democrats
Charles Kennedy Charles Peter Kennedy (25 November 1959 – 1 June 2015) was a British Liberal Democrat politician who served as Leader of the Liberal Democrats from 1999 to 2006, and was the Member of Parliament (MP) for Ross, Skye and Lochaber from 1983 ...
and
Menzies Campbell Walter Menzies Campbell, Baron Campbell of Pittenweem, (; born 22 May 1941), often known as Ming Campbell, is a British Liberal Democrat politician, advocate and former athlete. He was the Member of Parliament (MP) for North East Fife from ...
. The Claim of Right was signed at the General Assembly Hall, on
the Mound The Mound is an artificial slope in central Edinburgh, Scotland, which connects Edinburgh's New Town, Edinburgh, New and Old Town, Edinburgh, Old Towns. It was formed by dumping around 1,501,000 cartloads of earth excavated from the foundations ...
in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
- on 30 March 1989 by 58 of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
's 72
Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
, 7 of Scotland's 8 MEPs, 59 out of 65 Scottish regional, district and island councils, and numerous
political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
, churches and other civic organisations, e.g.,
trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...
. The Claim was part of a process which led to
devolution Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
of powers from the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
to a new
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
in 1999. Its title was a reference to the
Claim of Right Act 1689 The Claim of Right (c. 28) is an Act passed by the Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish const ...
, an Act of the Parliament of Scotland which limited the power of the Scottish monarch (at the time,
William III William III or William the Third may refer to: Kings * William III of Sicily (c. 1186–c. 1198) * William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702) * William III of the Netherlands and Luxembourg ...
and
Mary II Mary II (30 April 166228 December 1694) was Queen of England, Scotland, and Ireland, co-reigning with her husband, William III & II, from 1689 until her death in 1694. Mary was the eldest daughter of James, Duke of York, and his first wife ...
) in much the same manner as the
English Bill of Rights The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
passed the same year. In October 2011 the Scottish Government announced that the Claim of Right would be brought before the Scottish Parliament to allow MSPs to re-endorse the claims of the sovereignty of the Scottish people. The Claim of Right was debated in the Scottish Parliament on 26 January 2012.


Text of the Claim

The Claim of Right reads-


Legal significance

The Claim of Right has never had or claimed any legal force.


Debate in the House of Commons

On 4 July 2018, the House of Commons debated the Claim of Right in an Opposition Day debate selected by the SNP, this motion noted that the people of Scotland are sovereign and that they have the right to determine the best form of government for Scotland's needs. This was a non-binding debate and did not create any legal recognition of the Claim of Right or have any legal significance.


See also

*
Claim of Right Act 1689 The Claim of Right (c. 28) is an Act passed by the Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish const ...
*
Popular sovereignty Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
*
Scottish Covenant Association The Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly. It was formed by John MacCormick who had left the Scottish National Party in 1942 wh ...
*
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...


References

1989 in politics 1989 in Scotland Collective rights Home rule in the United Kingdom Political charters Political history of Scotland Popular sovereignty Proclamations 1989 documents {{Scotland-poli-stub