Scottish Independence 'Could See The Queen Lose Sovereignty Over Australia'

Posted: 5/04/2012 13:07 Updated: 5/04/2012 13:07

The Queen could lose sovereignty over Australia if Scotland becomes independent, according to a senior solicitor.

David Denton SC, a senior counsel and adjunct professor of law at Victoria University in Melbourne, has urged constitutional monarchists and republicans to "renew the debate on Australia's future constitutional framework with some urgency" as "an independent Scotland may yet create an Australian republic".

Scottish First Minister Alex Salmond has pledged to retain the Queen as head of state of an independent Scotland.

But Mr Denton believes Scottish independence could create "an Australian constitutional vacuum" if the United Kingdom that existed when the Australian federation was agreed in 1900 ceases to exist.

Writing in Melbourne-based newspaper The Herald Sun, he said: "The UK itself is the sovereign state under international law. It was under this single UK that we Australians agreed to federate in 1900 under our constitution.

"The Australian constitution is unequivocal in that it united the Australian people under the crown of the United Kingdom of Great Britain and (now) Northern Ireland."

He said any alteration in the law touching the succession to the throne "requires the assent of the parliament of Australia".

He added: "If the Parliament in Westminster wishes to pass legislation to facilitate a matter touching on the succession to the crown of a new-fashioned UK (as it must inevitably become) then the parliament of Australia must give its consent to this as it will affect the law of Australia, not the least of which is our constitution and our states.

"The United Kingdom (that) Australians agreed to federate under will no longer exist. A UK which is de jure separated is not the UK for Australian constitutional purposes.

"It is possible to envisage an Australian constitutional vacuum existing if our UK ceases to exist.

"Whatever is to happen, it seems that it is no longer a matter for Australians to simply await a re-agitation of the republic debate after the passing of the reign of Queen Elizabeth.

"She may shortly not even be Queen of the United Kingdom of Great Britain and Northern Ireland nor, therefore, the Queen of Australia."

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The Queen could lose sovereignty over Australia if Scotland becomes independent, according to a senior solicitor. David Denton SC, a senior counsel and adjunct professor of law at Victoria Universi...
The Queen could lose sovereignty over Australia if Scotland becomes independent, according to a senior solicitor. David Denton SC, a senior counsel and adjunct professor of law at Victoria Universi...
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01:16 on 24/09/2012
Scotland becomes independent, it would still be part of the United Kingdom.
Because The Throne wouldn't separate, just the Government.

(the Queen would remain Scotland's Head of State))
08:58 on 07/04/2012
Who cares about this, is the government trying to scare people with this headline, well they are not going to get too far with these kind of arguments.
Scotland have the right to seek independance and be either a republic or restaure their own monarchy,
Queen of Scotland
8 Feb. 1587

Royal brother, having by God's will, for my sins I think, thrown myself into the power of the Queen my cousin, at whose hands I have suffered much for almost twenty years, I have finally been condemned to death by her and her Estates. I have asked for my papers, which they have taken away, in order that I might make my will, but I have been unable to recover anything of use to me, or even get leave either to make my will freely or to have my body conveyed after my death, as I would wish, to your kingdom where I had the honour to be queen, your sister and old ally.

Tonight, after dinner, I have been advised of my sentence: I am to be executed like a criminal at eight in the morning. I have not had time to give you a full account of everything that has happened, but if you will listen to my doctor and my other unfortunate servants, you will learn the truth, and how, thanks be to God, I scorn death and vow
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wakyracir
My spaniel is watching you
01:17 on 06/04/2012
O Flower of Scotland,
When will we see your like again
That fought and died for
Your wee bit hill and glen.
And stood against him,
Proud David's army,
And sent him homeward
To think again
00:29 on 06/04/2012
Trouble with that is, Her Majesty will not lose Scotland. The SNP policy is to retain her Majesty as, "Elizabeth Queen of Scots", and continue as a constitutional monarchy. With the historic difference that in Scotland the Monarch is not sovereign because the People Of Scotland are. Her position in Scotland is as, "Protector of the Peoples Sovereign Right", and the people have the sovereign right to dismiss a monarch not doing his/her duty and to appoint another royal in his/her place.
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20:57 on 05/04/2012
not taking anymore replies,going to bed now,WORK in the morning,yaaaaawwwwwwwwwwwwn
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20:29 on 05/04/2012
all good things to gearoidOD lol
20:01 on 05/04/2012
Presumably the Queen wont have to go through the security clearance procedures on the English Scottish border if she is still Queen and she will be able to hang on to their Scottish estates and castles. Hopefully cattle farmers in Northern England, near the border wont have to still worry about Scottish cattle raids ?
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20:09 on 05/04/2012
well said!
22:26 on 06/04/2012
I wonder at what passes as history in the English education system? The powerful Borders families, (they were not clans), in the times of the Borders Reivers regarded themselves as Borderers and neither Scottish or English. The main families straddled the Borders and quite happily raided cattle on both sides of the Borders. Borders that moved north & south regularly.
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Mickey Mouse 1
There are no lies or deceit on a chess board.
19:21 on 05/04/2012
The union has served us well and will continue to serve us well.
20:14 on 05/04/2012
Lets hear it for the Transport and General Workers Union !
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Mickey Mouse 1
There are no lies or deceit on a chess board.
09:30 on 06/04/2012
Lol
22:33 on 05/04/2012
Speak for yourself. The Union has never served Scotland well and Scotland will end in it 2014 when she tears up the Treaty of Union. As it only had two signatories and they were Scotland & England the Union Parliament ends then.
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Mickey Mouse 1
There are no lies or deceit on a chess board.
09:30 on 06/04/2012
Dream on and keep taking your medicine!
19:00 on 05/04/2012
Here is a verse or two from a song written to commorate the vist of Queen Victoria ( Saxe Coburg) to ireland. Written by her loyal and adoring subjects :

" The Queen she came to call on us,
She wanted to see all of us
I'm glad she didn't fall on us, she's eighteen stone.
'Mister Me Lord Mayor,' says she,
'Is this all you've got to show me?'
'Why, no ma'am there's some more to see, Pog mo thoin!'

And he took her up Monto, Monto, Monto
Take her up to Monto, lan-ge- roo,
To you!
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18:52 on 05/04/2012
The United Kingdom that Australia federated to in 1900 ended when the 26 counties of Ireland became a republic if when when it became independent in 1922.
19:41 on 05/04/2012
Bingo...................How correct you are..........the only coherent voice here.
21:31 on 05/04/2012
Too True. The supposedly learned counsel is a turkey! The Queen is the Queen of Australia and if the UK is dissolved through Scottish independence it makes no difference to the "cobbers" she is still the Queen of Oz. The Crown of Australia is a separtae crown to that of the UK. It just happens to sit on the same head.

If they want a republic they just have to vote for one. His honour is just jumping onto a drowning man's republican straw, trying to find a reason to foist the debate onto Australia yet again after they democratically bowled it for a duck. If you want to read what many Australians think about being a Republic - try "The Cane Toad Republic" by David Flint.
Lesson #103!
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18:39 on 05/04/2012
comm'on Aussie Be Independant !!!!
that's a bad time to do it :-))
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18:16 on 05/04/2012
like this make any diffrence to anyone
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