Maccormick V. Lord Advocate
MacCormick v.
Lord Advocate
(
1953
SC 396) was a
Scottish lawsuit
in which
John MacCormick
(the rector of
Glasgow University
) and
Ian Hamilton
contested the right of
Queen Elizabeth II
to style herself "Elizabeth II" within
Scotland
. This was perceived as a breach of the
Act of Union 1707
between England and Scotland, since
Queen Elizabeth I
was Queen of
England
but not of Scotland. MacCormick and Hamilton lost their case: it was held that they had no title to sue
the Crown
, and also that the treaty had no provision concerning the numbering of monarchs — it was part of the
royal prerogative
. However, the
Lord Justice General
,
Lord Cooper of Culross
, gave his opinion that "the principle of unlimited
sovereignty
of
Parliament
is a distinctively English principle and has no counterpart in Scottish
constitutional law
": although Parliament might be permitted to overrule the treaty by English constitutional law, which treats Parliament as sovereign, it might be unable to do so under Scots law. The outcome of this case became of great relevance in
1999
, when the
British parliament
was proposing the creation of a
Scottish parliament
.
See also
Style of the British Sovereign
External links
Discussion of the case
Hansard
for the
House of Lords
from 1999 discussing the case:
http://www.parliament.the-stationery-office.co.uk/pa/ld199899/ldhansrd/vo990427/text/90427-14.htm
,
http://www.parliament.the-stationery-office.co.uk/pa/ld199899/ldselect/ldprivi/108i/10810.htm
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