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2 - The constitutional inheritance

Published online by Cambridge University Press:  04 April 2011

James G. Kellas
Affiliation:
University of Glasgow
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Summary

Scotland and England came together as a political unity in 1707, as a result of the Act of Union passed by the Parliaments of the two countries. After that date, the separate Parliaments of Scotland and England were abolished and were replaced by the Parliament of the United Kingdom of Great Britain. Since 1603, the Crowns of Scotland and England had been united, but while this gave England and Scotland the same king, it did not merge these kingdoms nor give them a joint Privy Council, joint state officials, or a joint Parliament. Each country retained its own institutions, and the arrangement was essentially a ‘dual monarchy’, illustrated by the title ‘James VI of Scotland and I of England’.

The Union of 1707 has been subjected to much historical analysis, and legal discussion. Only part of this discourse has definite relevance to the study of the political system today. For example, the question of how the ‘Treaty’ was negotiated and passed, involving such matters as bribery and secret diplomacy, is of little importance in explaining its position today.

But the fact that it was not (overtly) imposed on Scotland gives Scotland a locus standi in the UK, unmatched by Wales or Ireland. Scotland was apparently guaranteed certain institutions and rights in 1707 as a result of a freely negotiated bargain. This was (and is) psychologically important to Scots, who have never considered themselves annexed by England, although some think they were tricked into signing away rights which could have been retained.

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Publisher: Cambridge University Press
Print publication year: 1989

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