Understanding Sovereignty in Scotland

What it really means — and why it matters now more than ever.

Today, many people hear the word “sovereignty” and cringe. It can sound abstract, sentimental, or even theatrical — a term thrown around too often in political arguments without clarity. In some circles, it’s been overused and misunderstood, losing the weight it truly carries.

But in Scotland, sovereignty is not just a slogan — it is a constitutional fact, rooted in history, law, and democratic principle.

At its core, sovereignty means authority — the right to decide, to govern, to act in your own name.

Scotland’s legal tradition is distinct. Unlike the English constitutional doctrine of parliamentary sovereignty — the idea that Westminster is the ultimate authority — Scottish law holds that sovereignty lies with the people  themselves.

A Legal and Historical Foundation

This idea of popular sovereignty goes back centuries in Scotland.

• 1320 – The Declaration of Arbroath:
  One of the world’s earliest statements of national self-determination, declaring that kings ruled only with the consent of the people — and could be removed if they failed.
• 1689 – The Claim of Right Act:
  A foundational document of the Scottish constitutional tradition, establishing that the people could reject monarchs who violated their rights and liberties.
• 1953 – MacCormick v. Lord Advocate:
  In this landmark case, the highest judge in Scotland, Lord Cooper, ruled that:
  “The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law.”
  In other words: Scotland does not recognise Westminster as having unchecked power.
• 1989 – The Claim of Right (Modern):
  Signed by most Scottish MPs and civil society leaders, this declaration reaffirmed that:
  “The people of Scotland are sovereign.”
• 2012 – Endorsed by the Scottish Parliament:
  The Claim of Right was formally backed again, declaring that ultimate political authority rests with the people

That means our right to decide our future — including the structure of our government and whether we remain in the United Kingdom — doesn’t depend on permission from Westminster. It is inherent. 

And yet, sovereignty is not something that enforces itself.

This Is Why We Need the Constitution — and Why We Can Establish a Preliminary Parliament

The constitution now being drafted — by and for the people — is the practical expression of that sovereignty. It turns principle into structure, rights into law, and popular will into an institutional framework.

It gives shape to our independence — not just a statement of identity, but a roadmap for governance. And it makes clear to the world that Scotland is not simply opposing the status quo, but actively building the alternative.

But a constitution needs more than words. It needs a democratic process that upholds and defends it. That’s why a Preliminary People’s Parliament is part of this next step.

Because Holyrood remains bound by devolution and Westminster restrictions, we must create a parallel civic institution that is grounded in the sovereign will of the people — one that exists outside the UK’s legal framework, but inside the legitimacy of Scottish law and popular mandate.

This assembly will serve as:

• A democratic safeguard for the constitution
• A forum for national coordination and oversight
• A foundation for transition when a mandate is secured

It will prepare the ground for Holyrood to act — when the time comes — from a place of law, principle, and people-powered legitimacy.

Sovereignty starts with the people. A constitution gives it form. A preliminary parliament ensures it moves forward.