Act of Union - Articles 4 and 6

Discuss the difference between Common Law and the Statutory Acts made by the Powers that be, (PTB)

Act of Union - Articles 4 and 6

Postby huntingross » Tue May 31, 2011 6:09 pm

Act of Union -

Article 4

IV. That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full Freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwayes expressly agreed in these Articles


Article 6

VI. That all parts of the United Kingdom for ever from and after the Union shall have the same Allowances Encouragements and Drawbacks and be under the same Prohibitions Restrictions and Regulations of Trade and lyable to the same Customs and Duties on Import and Export And that the Allowances Encouragements and Drawbacks Prohibitions Restrictions and Regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom


These relate to "freedom of trade"...

http://www.scotcourts.gov.uk/opinions/2010CSOH134.html

From para [68] down argues whether the Tobacco & Primary Medical Services (Scotland) Act 2010...

sections 1 and 9 constituted prohibitions, restrictions and regulations of trade within the meaning of Article VI


Long story short the court held that the Act did not interfere with Article 6.

The point to take from this is the courts have looked at the framing behind the Act of Union and ruled that Articles 4 and 6 are about the "freedom of trade"....not specifically "full freedom [of subjects] to and from any port or place within the said United Kingdom"

The petitioner and respondent agreed at para [3] "In support of the contention that constitutional statutes should be interpreted generously and purposively" that

"the provisions should, consistently with the language used, be interpreted generously and purposively, bearing in mind the values which the constitutional provisions are intended to embody"

The term "freedom and intercourse" is not a restrictive term neither is "trade and navigation"
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Re: Act of Union - Articles 4 and 6

Postby huntingross » Wed Jun 01, 2011 10:28 pm

The court looked to the historic terms behind the Articles to determine what they intended.....Got me

to thinking what those words actually meant back then in 1706/7.

Freedom
Intercourse
Trade
Navigation

http://www.etymonline.com/index

freedom - O.E. freodom "freedom, state of free will [condition of a freeman - see liberty]; charter, emancipation, deliverance;"

[liberty - late 14c., from O.Fr. liberté "freedom," from L. libertatem (nom. libertas) "freedom, condition of a freeman," from liber "free" (see liberal)]

intercourse - mid-15c., "communication to and fro," from M.Fr. entrecours, from L. intercursus "a running between, intervention," from intercursus, pp. of intercurrere "to run between," from inter- "between" (see inter-) + currere "to run" (see current). Meaning "sexual relations" first recorded 1798.

trade (v.) - 1540s, "to tread a path," from trade (n.). Meaning "to occupy oneself (in something)" is recorded from c.1600.

trade (n.) - late 14c., "path, track, course of action," introduced by the Hanse merchants, from M.Du. or M.L.G. trade "track, course" (probably originally of a trading ship), cognate with O.E. tredan (see tread). Sense of "one's habitual business" (1540s) developed from the notion of "way, course, manner of life" (mid-15c.); sense of "buying and selling" is first recorded 1550s. Trade wind (1640s) has nothing to do with commerce, but preserves the obsolete sense of "in a habitual or regular course."

navigation - 1530s, from L. navigationem (nom. navigatio), from navigatus, pp. of navigare "to sail, sail over, go by sea, steer a ship," from navis "ship" (see naval) + root of agere "to drive" (see act).

act (n.) - late 14c., "a thing done," from O.Fr. acte "(official) document," and directly from L. actus "a doing, a driving, impulse; a part in a play, act," and actum "a thing done," originally a legal term, both from agere "to do, set in motion, drive, urge, chase, stir up," from PIE root *ag- "to drive, draw out or forth, move" (cf. Gk. agein "to lead, guide, drive, carry off," agon "assembly, contest in the games," agogos "leader;" Skt. ajati "drives," ajirah "moving, active;" O.N. aka "to drive;" M.Ir. ag "battle").

drive (v.) - O.E. drifan "to drive, force, hunt, pursue; rush against" (class I strong verb; past tense draf, pp. drifen), from P.Gmc. *dribanan (cf. O.Fris. driva, O.S. driban, Du. drijven, O.H.G. triban, Ger. treiben, O.N. drifa, Goth. dreiban "to drive"). Not found outside Germanic. Original sense of "pushing from behind," altered in Modern English by application to automobiles

So -

Freedom [a state of free will, the condition of a freeman] and
Intercourse [to run between, communicate to and fro] of
Trade (v) [to occupy onself]
Trade (n) [buying and selling (but Trade Wind references the obsolete sense of regular course] and
Navigation [to sail, steer a ship (see act - a doing, a driving) (drive - pushing from behind)]
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Re: Act of Union - Articles 4 and 6

Postby holy vehm » Wed Jun 01, 2011 10:42 pm

Nice one HR, i am following this with interest. My thread on the right to travel hasnt been forgotten nor abandoned, just waiting for the right moment in time and posts like this one dont fall upon deaf ears.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: Act of Union - Articles 4 and 6

Postby huntingross » Thu Jun 02, 2011 7:09 am

Thanks HV

This opinion by the court has caused me much thought.....the important point is contained in para 74

[74] I note, first, that the prohibition on modification of articles IV and VI provided in para 1 of schedule 4 to the Scotland Act is very specific. It is restricted by the words "so far as they [articles IV and VI] relate to freedom of trade". In order to understand whether the contention of the petitioner that sections 1 and 9 of the 2010 Act modify article VI is well founded, it is necessary to examine what is meant by the words "so far as they relate to freedom of trade" where they appear in paragraph 1 of schedule 4 to the Scotland Act.


The court was looking at the impact of the Tobacco Act on the Acts of Union SPECIFICALLY where the Tobacco Act "relate to freedom of trade"

So my reading of Article 4 of the Union Act remains -

full Freedom and
Intercourse of Trade and
Navigation to and from any Port or Place within the said United Kingdom etc....

It is written like bullet points....

Worry over, I had thought the court had been very restrictive of the interpretation of the Union Acts.
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