Prototype Written Constitution for a Scottish Secular Republic

Constitution of the Scottish Republic

Preamble

We, the people of the sovereign, free and democratic Republic of Scotland, for the love of our fair nation and proud countrymen and women, do hereby express and enact our collective will through this Scottish Constitution, the supreme and fundamental law of Scotland; which holds that the founding principles of the Scottish Republic are popular sovereignty as the sole basis for legitimacy, human rights for all, including equality, freedom, justice and the search for happiness. This constitution hereby provides, in these detailed articles, a basis for the continual application and respect of these constitutional rights across all of Scottish governance and society. All Acts of Parliament, treaties, regulations and other laws, whether enacted past, present or future, to the extent that they are incompatible with this Constitution, will be void and without effect.

Scottish Social Compact

The Scottish Government shall, to the fullest extent compatible with Scottish and EU law and constitutionally prescribed competences, have the principal objective of improving the lives and promoting the social mobility of all living in Scotland through the equitable provision of basic positive rights to assure individual liberty and nurture fulfilling lives. The Scottish Republic shall invest in public services to help provide a secure, stable and inclusive society for all which shall encourage people’s talent, enterprise, and ambition. These shall include but not be limited to the provision of healthy food, education, housing, employment, social welfare benefits, and health care adequate to lead a dignified life

In exchange, the citizens of Scotland shall commit to benefitting from these rights by engaging in productive, harmonious, and constructive civic life at all levels of government and communities, and allocating their innate talents to the further improvement of Scotland and its citizenry.

Article I – Foundational and Symbolic Principles

Section A: The City of Edinburgh shall be the capital of Scotland. Parliament shall have the power to seat elsewhere under terms established by the Corpus of Scottish Law (CSL hereafter).

Section B: The official languages of Scotland shall be English, Scots, and Gaelic.

Section C: The national flag is the cross of St Andrew, blazoned azure, a saltire argent.

Section D: The national anthem shall be determined by the CSL.

Article II – Individual Liberties, Rights, and Obligations
The following liberties, rights, and obligations shall be conferred on all Scottish citizens, legal residents, both individuals and collectives. No individual or collective can be discriminated against on the basis of sex, ethnicity, origin, language, beliefs, physical, mental or ideological diversity, age, genetic characteristics, membership in a national minority, sexual orientation or gender identity, or any other personal or social circumstance or characteristic. There shall be no limitation upon their exercise except to prevent or penalise acts calculated to infringe on the rights and liberties of others, or forcibly to subvert the constitutional order that guarantees these rights and liberties. The rights and privileges guaranteed to persons under this Constitution and the CSL hereon extend only to human beings and human collectives; the extent to which such rights and privileges may be extended to corporations and other legally sanctioned entities shall be determined by the CSL.

Section A: Equity of Rights
Subsection 1. All citizens and residents of Scotland, regardless of their status, will be equally treated and protected under the CSL. Provision shall be made to assure gender parity in representation and pay at all levels of the public and private sector.
Subsection 2. The Scottish state is secular, and shall not establish, favour, nor disfavour any religion, and shall work towards the appeasement of religious and sectarian conflict in all forms. All religious and religiously owned institutions shall be subject to civil law, regulation, and taxation, with limited exceptions granted for acts and rituals which are demonstrably central and sincere to individual religious practice.
Subsection 3. No aristocratic or noble titles shall be granted or recognized by the Scottish Republic for any purposes. No law which perpetuates social castes, including primogeniture law, shall be recognized, promulgated, or applied. All human beings shall be treated equally under the law.

Section B: Fundamental Individual Liberties: The Scottish government shall pass no law infringing upon, and shall develop the CSL to guarantee the following:
Subsection 1. The freedom of speech, writing, publication, and of the expression of opinion with narrowly proscribed exceptions for demonstrably injurious discourse.
Subsection 2. The freedom of thought, of conscience, and of religious practice; including to not believe or participate in any religion.
Subsection 3. Autonomy of all persons over their bodies; including reproductive rights, the medical termination of pregnancy, and voluntary euthanasia as prescribed by the CSL.
Subsection 4. All men and women of marriageable age have the right to marry and to found a family in accordance with their beliefs and sexual orientation.
Subsection 5. The right to peacefully assemble and form associations for any lawful purpose.
Subsection 6. The right to privacy in his or her personal affairs, family life, home, and correspondence. Consistent with technological advancement, provision shall be made by law to safeguard personal data and information, and preserve privacy and security in communications and transactions conducted through electronic media.
Subsection 7. The right to hold private property, and to the peaceful enjoyment of his or her property. Nothing in this clause shall invalidate any tax, duty or custom levied in accordance with the CSL, or an environmental regulation imposed on the development or use of land or natural resources.
Subsection 8. The right to a healthful environment, including clean air and water and a climate hospitable to life and supportive of agriculture. Provision shall be made in the CSL for the protection of the environment and for restrictions on the development of land and natural resources in furtherance of this clause.
Subsection 9. Every person shall have access to governmental information, and the state shall exercise transparency in all functions.
Subsection 10. Every person shall have the right to physical safety. All firearms for those who are not on-duty police and military personnel are banned, with very limited exceptions granted for single-shot hunting rifles to be regularly licensed and stored according to the CSL.

Section C: Positive Social and Economic Rights: The Scottish Government shall be constitutionally bound to progressively assure for all, regardless of income, that:
Subsection 1. Every person has the right to have access to housing adequate to lead a dignified life.
Subsection 2. No law shall abridge the right of every person to freely form a union in their place of work, collectively bargain with their employer, to strike without state opposition, and the CSL shall penalize any infringement of this right. Every person has the right to conditions of work which are fair, healthy, and which respect the dignity of the person. A living wage shall be established by the CSL, to assure that no person working full time will live in poverty.
Subsection 3. Every person will have a pension adequate for their dignity and well-being.
Subsection 4. Every person will have sufficient state-funded physical and mental health care to lead a dignified life.
Subsection 5. Every person shall have access to a state-funded education which allows them to reach their potential.
Subsection 6. The repayment of any loan or credit in excess of 15% annual percentage rate interest shall not be compelled. Provisions shall be made by the CSL for the interests of consumers to be represented in the financial regulation process.

Section D: The Rights of the Accused: The Scottish Judiciary shall be bound to respect the following rights in all civil and criminal cases.
Subsection 1. Persons will be deprived of liberty only in accordance with due process.
Subsection 2. Every person who is arrested, or detained shall be informed as soon as is possible of the evidence and charges against them.
Subsection 3. Every person who is arrested or detained shall be brought before a competent court and tried as soon as possible.
Subsection 4. Every person has the right to fair and impartial judicial proceedings.
Subsection 5. Trials shall be conducted in public and judgment shall be pronounced publicly. Audio recordings will be made of all proceedings, with the exception of jury deliberation.
Subsection 6. Every person charged with a criminal offence shall be presumed innocent until proven guilty.
Subsection 7. To be rapidly informed of the charges, in a language which he or she understands.
Subsection 8. To have adequate time, facilities, and resources to prepare a defence, and to privately confer with counsel.
Subsection 9. To be defended in person or through a legal practitioner of his or her own choosing.
Subsection 10. To financial assistance necessary to secure adequate legal assistance. An adequately staffed and funded public defenders office shall be established, that each lawyer has a reasonable caseload to provide quality counsel.
Subsection 11. To have compulsory processes to summon and examine witnesses in his or her favour.
Subsection 12. To have all proceedings in court connected with the charge against him or her translated by a competent interpreter into the language which he or she best understands, if that language is not the language of the Court.
Subsection 13. Everyone convicted of a criminal offence shall have the right to appeal their conviction to a higher tribunal.
Subsection 14. The right to trial by jury shall not be suspended, restricted, or abridged.
Subsection 15. No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation or repay a financial debt.
Subsection 16. No person shall be subjected to torture, or to inhuman or degrading treatment or punishment, nor condemned to death or executed.
Subsection 17. No person shall be held in slavery or servitude, nor shall any person be required to perform forced or compulsory labour.

Section E: Civic Obligations
Subsection 1. All citizens and legal residents of Scotland, regardless of domiciliation status, shall be automatically registered to vote at 16 years of age, which cannot be revoked under any circumstances. Voting shall be conducted using the most modern technology available to assure 100% participation, and all citizens and legal residents shall be able to participate on all levels.
Subsection 2. All citizens and legal residents of Scotland not in detention shall be required to serve on juries, with reasons for discharge to be prescribed by the CSL.

Article III – Democratic Participation and Citizen Referenda

Section A: The rights of citizen participation are guaranteed, to protect the free and informed formation of their opinions, and the authentic expression of their will. For all referendums, provisions shall be made to ensure complete transparency of the question. The national election and referendum website shall include arguments for and against the referendum, research articles covering the specific issues, with the power of the Electoral Auditor to verify the factual accuracy of the contributions, and discard those in which significant factual errors are found without correction. Under no circumstances will the position on the question be taken into account in determining its methodological validity.

Section B: All citizens have the right:
Subsection 1. To participate in public affairs under equal conditions, either directly or through freely elected representatives in periodic elections of proven transparency and validity.
Subsection 2. To run for office as a candidate for any political or representative office under equal conditions and according to the requirements specified in the CSL.
Subsection 3. To participate through a straight and effective process in the parliamentary law-making process, either directly or through associations.
Subsection 4. To promote recall elections of elected officials, citizen legislative initiatives, and citizen initiative referenda, within the forms and conditions stipulated in the CSL.
Subsection 5. Provisions to encourage citizen and legal resident participation shall be incorporated in the CSL and shall regulate the exercise of these rights.

Section C: Recall elections
Subsection 1. All elected officials and civil servants are subject to recall elections, called directly by voters and held before the end of the normal term of the person subject to recall. The person who is subject to recall can be a candidate in the recall elections together with other candidates.
Subsection 2. The Electoral Audit Board shall call recall elections:
a. When requested to do so by a number of voters from the relevant constituency, by more than half of the votes obtained by the person subject to recall and, in any case, by a minimum of ten per cent of the voters in the constituency.
b. When the Parliament raises a political impeachment of the President by a three-fifths majority.
c. When the President fails to hold a compulsory and binding referendum.
d. When any elected official prevents or hinders a referendum from being held properly and on time, under the terms stipulated in Article 142.5.
e. Once recall elections are held, another recall election cannot be called against the person who overcame it during the term stipulated in the Electoral Act.

Section D: Referenda
Subsection 1. A referendum is a binding consultation through popular vote over issues or measures of vital political importance, or legal provisions with a national or international scope.
Subsection 2. The referendum shall be national in scope if the consulted question concerns all registered voters, or the entire territory of Scotland. If it only concerns a section of the electorate or territory, it shall be a territorial referendum.
Subsection 3. The President of the Scottish Republic can call a referendum on his or her own initiative, and shall call it in the following cases:
a. When requested to do so by Parliament.
b. When requested by the Electoral Audit Board following a citizens’ initiative or a people’s legislative motion.
c. When requested by the Governance Division of the Supreme Court in accordance with Article 96.3.
d. When unanimously requested to do so by the auditors.
e. When requested by a minimum of 25% of the Plenary Sittings of City Councils if they represent 25% or more of the population to be consulted.
f. When this Constitution and the law require it. If the President does not call a compulsory referendum within the deadline specified by the law, the Electoral Audit Board shall call it on its own motion while simultaneously initiating recall elections against the President.
Subsection 4. Referendum questions will by definition concern:
a. The total or partial reform of this Constitution.
b. The amendment or repeal of laws approved by Parliament on people’s initiative.
c. Membership in collective security and defence agencies or withdrawal from them.
d. Membership in supranational organizations or withdrawal from them.
e. The Citizen Participation Act shall regulate the referendum process.

Section E: Calling referendums and Quorum requirements
Subsection 1. The Citizen Participation and Referenda section of the CSL shall lay down the quorums of participation necessary for the results to be valid. When the relevant quorum is attained, a favourable vote of a majority of the electorate is sufficient to adopt the proposal submitted for referendum. If there are two proposals, that which prevails shall be that which secured the most favourable votes.
Subsection 2. The Citizen Participation and Referenda section of the CSL shall regulate the procedure and relevant deadlines for holding referendums, which cannot be more than 90 days after the request is submitted to the Electoral Audit Board, or alternately from the moment there is a legally binding call.
Section D: Proposal referendum on a citizens’ initiative
Subsection 1. Citizens have the right to promote citizens’ initiatives for referenda over the total or partial review of this Constitution. They can also promote membership in or withdraw from treaties or sections of treaties, be they international or supranational, and the laws that derive from them, and to propose the adoption or the repeal of laws.
Subsection 2. Initiatives that reduce rights and guarantees which amount to a minimum international standard shall not be the subject of a referendum proposal.
Subsection 3. This constitution and the CSL shall lay down the procedure to be followed for constitutional reform. The Citizen Participation and Referenda section of the CSL shall regulate proposal referenda.

Section F: Recall referendum on a citizens’ initiative
Subsection 1. Citizens can request a recall referendum for any public employee or non-elected office-holder in cases of serious neglect of their duties or direct harm to the functioning of the public services they are responsible for.
Subsection 2. People’s recall initiatives are carried out regardless of the legal actions undertaken by the person subject to recall, with full respect for the rights and compensations legally available to them.
Subsection 3. The Citizen Participation and Referenda section of the CSL shall establish the requirements and conditions for holding citizens’ recall initiatives.
Section F: Conflict resolution referendum
Subsection 1. In matters of great importance to citizens, the President of the Scottish Republic or the Parliament may call upon the Electoral Ombudsman to hold a referendum to settle a situation of institutional conflict.
Subsection 2. In the same way, in matters of local importance, the Mayor and the City Council Plenary Sitting may request them to hold a local referendum to settle a situation of conflict.
Subsection 3. According to Article 94.4, discord within the Supreme Court that could hinder its proper functioning is resolved through the mediation of the Electoral Ombudsman. If the parties cannot reach consensus, a referendum is held over the issue, on request of any of the Divisions.
Subsection 4. The referendum consists of two different questions formulated by each institution, authority, or Division involved, and the citizens shall choose one, which shall be binding.
Subsection 5. The Citizen Participation Act shall determine the relevant conditions, requirements, and procedures.

Section G: Common requirementsfor citizen’s initiative referenda
Subsection 1. All persons who promote citizens’ initiative referenda must have the right to vote and be registered on the corresponding electoral roll.
Subsection 2. In order to promote any of the citizens’ initiative referenda, a verifiable minimum percentage of voters of the electorate is required. This percentage shall be established by the Citizen Participation and Referenda Section of the CSL, and cannot exceed 5% of the relevant electorate.
Subsection 3. This law shall regulate the procedure and the calendar for conducting citizens’ initiative and conflict resolution referenda. The law shall also establish the maximum duration for each process. In any event, the maximum duration shall not exceed 12 months, between the filing of a request for referendum with all requirements fulfilled and its final resolution or vote.
Subsection 4. The Electoral Ombudsman is responsible for the acceptance to hold citizens’ initiative and conflict resolution referenda, verifying compliance with the requirements, conducting them according to the law, complying with and enforcing deadlines, initiating the procedure, and if appropriate, requesting the President to call the referenda.
Subsection 5. The Electoral Audit Board shall promote a recall election against any elected official who seriously impedes or hinders the conducting and holding of any referenda timely and in due form.
Subsection 6. The law shall empower the Electoral Audit Board with sufficient competencies to effectively ensure that the recall of a public worker or an elected official approved by a citizens’ initiative recall referendum is implemented, if within 30 days the relevant elected official or agency having the legal responsibility has not done so, without prejudice to the liabilities incurred by the latter.

Section H: People’s legislative initiative
Subsection 1. A minimum 5% of registered voters can call for a people’s legislative initiative, under the terms established by the Citizen Participation and Referenda Section of the CSL, over the approval, adoption, amendment, or repeal of legislative provisions, or Executive decisions with the force of law. These initiatives, which should be drafted in general terms, shall be submitted to the Electoral Audit Board, then transmitted to the Parliament or the President of the Scottish Republic, as appropriate.
Subsection 2. If the Parliament or the President approves the people’s initiative, they shall draft the relevant bill, which shall be approved within 12 months, counting from the day of its receipt by the Parliament or the Prime Minister.
Subsection 3. If the Parliament or the President rejects the people’s initiative, or if three months have elapsed since the initiative was submitted to the Parliament or the Prime Minister with no valid and reasoned response, the initiative’s advocates can request the Electoral Ombudsman to hold a referendum so citizens decide between its adoption or rejection. If the result of the referendum is affirmative, the Parliament or the Prime Minister shall immediately start the procedure to enact the relevant provisions.
Subsection 4. Once the provisions are approved, if the people’s initiative advocates consider that the manner in which they were enacted substantially violate the spirit and/or the purposes sought, they can request a new referendum so citizens can decide between ratification of the adopted provisions or to reinitiate the process.
Subsection 5. The Citizen Participation Act shall establish the procedure and the deadlines followed in people’s legislative initiatives.

Section I: Citizen Consultations
The Citizen Participation Act shall regulate the modalities, procedure, performance, and convocation by the President of the Scottish Republic or local authorities, within the scope of their competencies, of surveys, public hearings, public participatory forums and any other means of citizens’ consultation.
Section J: Dates for Holding Consultations
Subsection 1. Referenda, consultations, and other forms of participation shall be held on the earliest date possible under the Electoral Law Section of the CSL, according to Article 136 of this Constitution. If this provision makes it impossible to meet any of the referendum deadlines, the Electoral Audit Board, on a prior opinion from the Guarantees Council, can postpone the deadline for the minimum time necessary, or set another date.
Subsection 2. The following can initiate the process of totally or partially amending this Constitution:
a. The President of the Scottish Republic.
b. The Parliament, with the support of one third of the MSP’s.
c. The auditors, by unanimous agreement.
d. Citizens and legal residents who gather a number of signatures equivalent to 10% of the electoral roll, through a proposal referendum on a citizens’ initiative.
e. Citizens and legal residents through a people’s legislative initiative.
Subsection 3. The ratification of international treaties which have been previously declared unconstitutional by the Supreme Court shall require a prior relevant constitutional reform.
Subsection 4. The entry into force of a constitutional reform that violates a provision of international law adopted by the Republic requires withdrawal from the provision in question provision, in accordance with international law.
Subsection 5. All proposals for constitutional reform shall be submitted to the Electoral Audit Board, which is responsible for promoting and overseeing the proceedings.
Subsection 6. No process of constitutional reform shall be engaged during wartime or in any state of alarm, emergency, or siege.

Section J: Proceedings and approval
Subsection 1. Constitutional reform on a citizens’ initiative referendum shall emanate from a proposal referendum, foreseen in Article 139 of this Constitution, or from a people’s legislative initiative under Article 143.
Subsection 2. When constitutional reform affects the Preliminary, First, Seventh, or Eighth Titles, it must be conducted through Article 148, regardless of how it was initiated.
Subsection 3. When constitutional reform affects other Titles, an absolute majority of Parliament is needed for approval, and it is then submitted for popular referendum under Title Seven. If the proposal for a constitutional reform is not approved by Parliament or is rejected in a referendum, there cannot be any other reform over the same or similar question for one year. In the first instance, the Electoral Audit Board, and in the second instance, the Constitutional Guarantees Council, are responsible for determining whether or not a proposal is subject to this prohibition.

Section K: National Convention
Subsection 1. Under Article 147.2, the President of the Republic, on a request from the Electoral Audit Board, shall initiate a process of informing, raising awareness and fostering participation among citizens, including through public forums open to all citizens to debate this Constitutional reform. The Electoral Audit Board shall organize, promote, and oversee the process, which shall last between three and twelve months. At the end of the process, the Electoral Audit Board shall issue a report detailing the most significant areas of agreement and disagreement over the content or the main principles which should guide constitutional reform. Each of the Audit Boards, the Constitutional Guarantees Council, and the Governance Division of the Supreme Court can add their opinions over the proposed reform as annexes. This report shall be taken into account by the Joint Constituent Assembly.
Subsection 2. The Joint Constituent Assembly is the body through which the people of Scotland exercise their constitutional role. It is independent from the other agencies of the Republic, and shall automatically dissolve once the referendum is held over constitutional reform stipulated in the following Point 7.
Subsection 3. The Joint Constituent Assembly is constituted by a minimum of 50 members, half of whom are elected by the Parliament in proportion to their political representation, and the other half represented by citizens. The latter are chosen by lot through a special roll in which citizens who wish to participate may enrol at the beginning of each legislative term.
Subsection 4. The budget and the organization of the Assembly shall be established by law.
Subsection 5. While the Joint Constituent Assembly is in session, none of its members can be an electoral candidate to any of the elections that may be called, be they ordinary, extraordinary, or recall elections.
Subsection 6. The resulting text must be approved by three-fifths of the members of the Assembly.
Subsection 7. In accordance with the previous provisions, once drafted and approved, the proposals for total or partial reform of this Constitution shall be published in the Official Journal of the Republic to raise citizens’ awareness, and shall be then subject to a national referendum. If more than half the voters vote in favour, the Constitution shall be definitively approved, without a quorum of participation being necessary.

Section L: Fundamental Principles of Elections, Campaign Finance, and Anti-Corruption
Subsection 1. The CSL shall establish an enforceable Code of Conduct for all candidates, officeholders, and civil servents, to assure that only people of impecable honesty, integrity, and intelligence are qualified to hold office.
Subsection 2. The CSL shall regulate fundraising of parties, campaigns, officeholders, and civil servents, to get as close to a complete absence of corruption as is humanly possible.
Subsection 4. The CSL shall regulate the duration for all elections and referendum campaigns, to assure minimal disruption to the proper functioning of government.
Subsection 5. The CSL shall assure the methodological integrity and accuracy of all research groups, studies, polls, and surveys which inform campaigns and the formulation of policy.

Article IV – The Presidency of the Scottish Republic

Section A: The President of Scotland shall be elected by universal popular vote, and shall exercise the following functions:
Subsection 1. Representing the liberty, independence and integrity of the Scottish nation, presiding over public ceremonies, and addressing the people on civic occasions and at times of crisis or emergency.
Subsection 2. Dissolving Parliament on the advice of the Presiding Officer.
Subsection 3. Withholding assent to legislation in the case of legitimate demonstrable questions over its constitutionality.
Subsection 4. Appointing members of the judiciary.
Subsection 5. Granting pardons on the advice of the Minister of Justice
Subsection 6. Appointing members of independent commissions as prescribed by the CSL.
Subsection 7. Awarding civic honours in recognition of public service.

Section B: Election of the President of the Scottish Republic
Subsection 1. All citizens and legal residents living in Scotland over 25 years of age shall be eligible to run for President.
Subsection 2. The Presidential term shall last 5 years, limited to two terms.
Subsection 3. The President shall be elected in a two-round process. In the first, all party nominees qualified by the electoral commission shall be voted upon in a single ballot. If one candidate receives in excess of 50% of the vote they shall win the election.
Subsection 4. If no one candidate receives more than 50% of the vote in the first round, a second round vote between the two candidates who received the most votes shall be held two weeks after the first round. The candidate who receives more than 50% of the vote shall be elected president.
Subsection 5. The presidential and parliamentary campaigns shall be held under the same law, and limits.
Subsection 6. The President shall be sworn in one month after election.

Section C: Succession and impeachment
Subsection 1. In the case of death or incapacitating injury or disease of the President, the Presiding Officer will assume the functions of the Presidency pending a new election within 60 days.
Subsection 2. The President can be impeached with according to procedure in section X. Allegations deemed sufficiently grave for impeachment shall include, but not be limited to, violations of universally applied law and gross personal misconduct. Impeachment will not offer immunity from prosecution for any crimes committed.

Article V– Parliament

Section A: Supreme legislative power shall be embodied in a unicameral Scottish Parliament.

Section B: The CSL shall determine the procedure for Parliament in the following areas.
Subsection 1. The eligibility requirements for election.
Subsection 2. The total number of Deputies, which shall not be fewer than 120 members, nor exceed 200 members.
Subsection 3. The duration of Parliamentary terms.
Subsection 4. The process whereby the Prime Minister is selected.
Subsection 5. The process of Parliamentary dissolution.
Subsection 6. The CSL shall determine how Parliamentary vacancies shall be filled.
Subsection 7. The CSL shall determine how the Presiding officer shall be chosen.
Subsection 8. The CSL shall determine the process of Parliamentary sessions and adjournments.
Subsection 9. The CSL shall determine the composition and functioning of its corporate bodies.

Section C: Additional Parliamentary Powers
Subsection 1. Parliament shall have the power, in time of war or public emergency, to extend its term of office for a period not exceeding 12 months, by means of a resolution passed by a two-thirds majority of its members.
Subsection 2. The Parliament shall have the competence to appoint select committees to inspect and oversee the government and to scrutinise modifications or additions to the CSL.
Subsection 3. Parliament shall have the authority to form administrative agencies to regulate the various sectors of the Scottish society and economy. Appointees to head these agencies shall demonstrably have appropriate and relevant experience to lead the agency for the betterment and improvement of its efficacy.
Subsection 4. Parliament may appoint Commissions and Boards of Enquiry under terms of the CSL, and the composition, duration and remit shall be specified by parliamentary resolution.
Subsection 5. Parliamentary committees, Commissions and Board of Enquiry shall enjoy the authority to subpoena official documents, files and other evidence, and the power to summon Ministers and other officials.
Subsection 6. Members of Parliament holding a ministerial office shall, by virtue of that office, be disqualified from membership of all select committees and from Parliament’s Corporate Body. They may serve on Commissions and Boards of Enquiry only where there is no conflict of interest.
Subsection 7. Parliament, its committees and commissions, shall be open to the public and accredited press, and systematically video recorded unless a closed session is authorised, by a two-thirds majority vote, on the grounds of military secrecy or diplomatic security. The democracytv.scot web site shall live-stream all proceedings and archive all footage for citizen’s access.
Subsection 8. The elected leader of the largest parliamentary party or group which is not participating in or supporting the Government, shall be designated by the Presiding Officer as the Leader of the Opposition.
Subsection 9. There shall be a Consultative Assembly to advise and assist Parliament and the Council of Ministers on matters of legislation and policy under terms established in the CSL. The Consultative Assembly shall consist of sixty members appointed in the manner prescribed by the CSL on a vocational and functional basis:
a. Twenty shall represent trade unions and craft and artisan guilds.
b. Ten shall represent chambers of commerce and small businesses.
c. Ten shall represent academia and the learned professions.
d. Ten shall represent farmers, crofters and rural interests.
e. Ten shall represent religious and charitable organisations.

Section D: All members of Parliament shall:
Subsection 1. Enjoy the freedom of speech and debate in Parliament, subject to Parliament’s own rules of procedure (Standing Orders).
Subsection 2. Enjoy the freedom to vote in accordance with their consciences, free from imperative mandates, corporate and financial lobbying, binding pledges or intimidation.
Subsection 3. Be entitled to a moderate salary, and other incidental allowances which shall not exceed 50% of their annual salary, with limited legally justiafiable exceptions, to be automatically published.
Subsection 4. Be subject to all of the same laws, regulations, and obligations as the rest of the population.
Subsection 5. Parliamentary standing orders shall be modified over time to assure adhesion to these principles.

Section E: Modification of the Corpus of Scottish Law
Subsection 1. The Parliamentary Standing orders for the modification or addition to the CSL shall be integrated into the CSL.
Subsection 2. Any modification or addition to the CSL may be suspended by means of a petition to the Presiding Officer, as specified in the CSL.
Subsection 3. The Rules of Assent shall be determined by the CSL.

Article VI –The Council of Ministers

Section A: The executive power shall be vested in the Council of Ministers, which shall consist of a Prime Minister, a Deputy Prime Minister, and such other Ministers (including Junior Ministers and Ministers-without-portfolio) as may be required to conduct the Government of the State under terms established in the Corpus of Scotish Law.

Section B: The Prime Minister shall be elected by Parliament from amongst its members, by open ballot and a simple majority vote. The duly elected Prime Minister-designate shall then be appointed by the President.

Section C: A Prime Minister shall be elected and appointed within 30 days after each parliamentary general election, and within 30 days after the death, resignation, or removal, of the former Prime Minister; and if a Prime Minister has not been elected during this time, Parliament may be dissolved, in accordance with the provisions of Section (6) of Article IV.

Section D: The incumbent Prime Minister shall continue in office, following a general election, until their successor be elected and appointed in the manner prescribed in this Article; and during the interval between the death, resignation or removal of a Prime Minister, and the appointment of a successor, the Council of Ministers shall act in a caretaker capacity.

Section E: The Prime Minister shall be responsible to Parliament and shall be removed from office by the President if a vote of no-confidence is passed by Parliament by an absolute majority vote.

Section F: The Prime Minister may submit his/her resignation to the President on the grounds of illness, incapacity, or other due cause, but the resignation shall become effective only when endorsed by Parliament.

Section G: All other Ministers (including the Deputy Prime Minister, Ministers-without-portfolio and Junior Ministers) shall be appointed by the Prime Minister. They serve during the Prime Minister’s pleasure, but may be removed by a vote of no-confidence passed by an absolute majority.

Section H: The total number of persons holding ministerial office (including the Deputy Prime Minister, Ministers-without-portfolio and Junior Ministers) shall not at any time exceed one-fifth of the membership of Parliament. The Ministers shall be appointed from amongst the members of Parliament; provided, that up to one-third of the Ministers may be appointed from outside Parliament, on account of their specialist knowledge, experience, and qualifications. Ministers shall have relevant and extensive experience in the area over which they have ministerial competence. The Ministers appointed from outside Parliament shall have the right, ex-officio, to sit and speak (but not vote) in Parliament.

Section I: The Council of Ministers, subject to the Constitution and the the CSL, shall determine all matters of foreign and domestic policy: it shall direct the administration, conduct foreign relations, manage public finances, and ensure that the CSL duly implemented and enforced. It may prepare draft legislation, and other business, to lay before Parliament.

Section J: The administrative officials, subordinate to the Council of Ministers, shall be organized as a permanent, professional and non-partisan civil service, which shall be based upon merit and shall be regulated by the Public Service Commission in accordance with the CSL.

Section K: The Prime Minister may appoint a number of Special Advisors, not exceeding 12, to advise and assist the Prime Minister in the preparation and delivery of policies. Special Advisors shall serve at the pleasure of the Prime Minister. They shall not be members of the permanent civil service, nor have any connection to undeclared outside interests, nor members of Parliament, but are subject to the Code of Conduct for public servants.

Section L: High command of the Armed Forces, subject to the Constitution and the CSL, shall be vested in the Council of Ministers.

Section M: No treaty or international agreement of any kind shall come into effect unless it is ratified by Parliament (either by a majority resolution or, to the extent that it concerns domestic law, by enabling legislation). Treaties delegating legislative, administrative, judicial, military or fiscal powers to a confederation, union, alliance or international organisation shall take effect only if ratified by a two-thirds majority of Parliament.

Article VII – Judiciary

Section A: The judicial authority shall be vested in the Supreme Court, the Court of Session, High Court of Justiciary, Sheriff Courts, and such other Courts and Tribunals as may be established by The CSL.

Section B: The Supreme Court shall consist of seven members. It shall have final appellate jurisdiction over all questions:
Subsection 1. Concerning the validity of modifications and additions to the CSL, treaties, under the terms of this Constitution.
Subsection 2. Concerning the interpretation of this Constitution. Nothing shall restrict the ordinary process of constitutional judicial review under this Section.

Section C: Judges of the Supreme Court, members of the Court of Session and High Court of Justiciary, Sheriffs, and all other members of the judiciary, with the exception of Justices of the Peace, shall be appointed by the President, on the advice of the Judicial Appointments Ceàm.

Section D: The Judicial Appointments Council shall consist of the following members:
Subsection 1. The Minister of Justice, as convenor;
Subsection 2. The Advocate General, as deputy-convenor;
Subsection 3. Two Senators of the College of Justice elected by their peers;
Subsection 4. A representative of the Faculty of Advocates; and
Subsection 5. Five lay representatives of the public, not being members of the judiciary or the legal profession, elected by Parliament, by proportional representation and secret ballot, for four-year terms.

Section E: Members of the judiciary shall serve a maximum of 2, 5-year terms during good behaviour. They may only be removed on the grounds of misconduct, neglect of duty, or incapacity, by means of a motion of censure passed by a two-thirds majority vote of Parliament, on the advice of the Judicial Appointments Council. The Judicial Appointments Council shall have the authority to suspend a judge, on full pay, for a period of up to three months, pending the outcome of Parliament’s decision in his/her case.

Section F: Judicial office shall be incompatible with all other public offices and with membership of any political party. Additional incompatibilities may be prescribed by Act of Parliament.

Section G: The salaries and privileges of members of the judiciary shall be determined by the CSL, and shall not be diminished during their tenure.

Section H: Members of the judiciary shall be reassigned after their terms, or retire on pensions upon reaching the retirement age prescribed by the CSL. Early retirement may be granted by the Judicial Appointments Council on the grounds of illness or infirmity.

Section I: Subject to the provisions of this Constitution, the organisation, powers, structure, jurisdiction, privileges, and procedures of the various Courts shall continue as heretofore, until altered or amended by statute.

Section J: The Advocate General shall be appointed by the Conncil of Ministers, after consultation with the Judicial Appointments Council, for twice renewable five-year terms. The organisation of the Judicial Office, and procedures for the appointment of Attorneys General, shall be determined by the CSL.

Section K: The right of pardon, and of remitting punishments, shall be vested in the President, and exercisable upon the advice of the Minister of Justice, given after he or she has considered the recommendations of an independent Pardons Board to be established according to the CSL.

Article VIII – Ceàm (Gaelic for ‘District’ pronounced ‘kyaam’) and Municipal Government

Section A: Each Ceàm and Municipality shall have their own constitutions adapted to their specific political and historical context, in accordance with basic constitutional principles provided for by this Constitution and the CSL.

Section B: For the purposes of local government and administration, Scotland shall be divided by the CSL into Ceàm and Municipalities. The borders shall be adaptable through due process and local referenda, according to the CSL.

Section C: Each Ceàm and Municipality shall be governed according to their constitution. All officeholders, by secret electronic ballot and proportional representation, in the manner prescribed by the CSL.

Section D: The citizens and legal residents of each Ceàm or Municipal Council shall have the competence to elect a Mayor, Vice-Mayor or other offices created by their constitution by universal suffrage to preside over the Council and to represent the Council in its external affairs.

Section E: Ceàm and Municipal Councils shall have such legislative, administrative and fiscal competences as may be devolved to them in accordance with the principle of subsidiarity, the scope and domains of which shall be determined by their Ceàm constitution in harmony with this constitution and the CSL.

Section F: Ceàm and Municiplities may be further sub-divided into Communities and Burghs, each with its own Community or Burgh Council. The boundaries, powers and organisation of the Community and Burgh Councils shall be determined, in accordance with the CSL, by Ceàm and City constitutions, ratified or chosen by local referenda.

Article IX – Ombudsmans

Section A: Ombudsmans Bureau
Subsection 1. The role of the Ombudsmans Bureau is to protect and defend the rights and freedoms recognized by this Constitution, and shall exclusively oversee:
a. The management of the civil service of the Scottish Republic, and the activity of public or private organizations, be they associated or dependent.
b. The activity of private companies which manage public services, or perform activities in the general or universal interest, or equivalent activities in an agreed or indirect manner.
c. The activity of persons who have a contractual bond with the administration of the Scottish Republic or the dependent public agencies.
d. All other activities and functions determined by the CSL.
Subsection 2. The Ombudsmans Bureau shall supervise the activity of local administrations, and public or private organizations be they associated or dependent, in a subsidiary manner in relation to local auditors.
Subsection 3. When fundamental rights recognized by this Constitution are regulated, the Ombudsmans Bureau can request reports from the Constitutional Guarantees Council on the modifications or additions to the CSL submitted to the Parliament for debate and approval.

Section B: Court of Financial Auditors
Subsection 1. The Court of Financial Auditors externally audits accounts, financial management and administrative efficiency of:
a. The local and national governing bodies of the Scottish Republic and the rest of the public sector of Scotland, as well as public or private organizations be they associated or dependent.
b. Public resources used by private companies that manage public services, or perform activities in the general or universal interest, or similar activities in an agreed or indirect manner.
c. Public resources used by persons under contract with the administration of the Republic and by dependent public agencies.
d. All other financial resources and agencies determined by law.
Subsection 2. In particular, the Court of Financial Auditors shall effectively monitor the administration’s transparency and the fight against fraud and corruption.
Subsection 3. All persons and agencies listed in paragraph 1 of this Article shall submit their accounts to the Court of Financial Auditors under the terms established by law.

Section C: Environmental Audit Board
Subsection 1. The Environmental Audit Board serves to protect the right to common property and the environment for current and future citizens, and to this end shall:
a. Oversee the proper implementation of all public and private activities.
b. Guarantee the citizens’ right to receive permanent, continuous, correct, and proven information over the condition of the natural common property, the natural environment, the impact of planned actions and their implementation.
c. Ensure that all projects, if appropriate, have the mandatory and proper report evaluating its ecological impact.
d. All other functions as determined by law.
Subsection 2. On request of the Council of Ministers or the Parliament, the Environmental Audit Board shall report on the environmental impact of modifications or additions to the CSL submitted to the Parliament for debate and adoption.

Section D: Electoral Audit Board
Subsection 1. The Electoral Audit Board is the authority in charge of the electoral processes, and shall have the following missions:
a. Prepare, monitor, update, and publish the electoral roll.
b. Call, organize, and supervise all elections, referenda, consultations, as specified by the CSL.
c. Define the composition and roles of electoral boards.
d. Oversee the vote count and announce the results.
e. Maintain the strict neutrality and transparency of the processes.
f. Facilitate broad political participation through the most advanced technology currently available.
g. Promote and oversee the procedure for constitutional reform.
h. All other functions determined by this Constitution and the law.
Subsection 2. The Electoral Audit Board hears the claims and appeals in electoral issues, under the terms determined by law.

Section E: Broadcasting and Media Audit Board (BMAB)

Subsection 1. The BMAB is the authority in charge of guaranteeing the accuracy, truthfullness, and good, non-deceptive journalistic practice for those media outlets seeking accreditation in Scotland.
Subsection 2. The BMAB shall have the competence to develop specific media and journalistic standards, included but not limited to the following:
a. Proven accuracy of information presenteded, always with the opportunity and legal obligation to correct or retract after the fact when information is clarified or shown to be demonstrably false.
b. Respect for all people’s privacy and human rights, with the right of the BMAB to take the conduct of the entire media corporation into consideration when evaluating the eligibility for accreditation.
c. Use of deceptive editing and manipulation to convey false impressions shall be taken into consideration.
d. Character asassination and ad hominem attacks on anyone, or any other violations of privacy and human rights.
Subsection 3. All media organizations operating in Scotland receiving accreditation:
a. Shall have access to media accreditation for all local and national governments in Scotland for all their journalists.
b. Along with all citizens, legal residents, and accredited research groups, uniquely have access to Freedom of Information requests from the Scottish Governments.
c. Shall be eligible for grants from the Citizend Media Fund, created to replace the licence fee of the former UK State Broadcaster.
Subsection 5. All effective legal tools shall be employed to ensure the demonstrable impartiality of the BMAB.

Section F: Composition and functions of the auditors
Subsection 1. Each audit office consists of five auditors. They shall be elected for five year terms, renewable once, through universal, free, equal, direct, provably valid, and secret suffrage. Single-name constituencies shall be used to ensure adequate representation throughout Catalonia.
Subsection 2. The Electoral Law domain of the CSL shall establish the candidacy requirements to elect independent, responsible, impartial, wise and professional auditors with proven relevant expertise, as appropriate to each auditors body. The Electoral Audit Board shall validate the candidates according to the CSL.
Subsection 3. The auditors shall operate with impartiality and independence, are inviolable for the opinions expressed in the discharge of their duties, and can only be removed from office through recall elections for the reasons established by law.
Subsection 4. The law shall regulate the legal status of the members of the Electoral Audit Board, their eligibility requirements, reasons for dismissal, and the powers attributed to them. Auditors cannot be members of political parties, and cannot engage in any other public or private professional activity, except those expressly determined by the CSL.
Subsection 5. Each auditors body shall enjoy regulatory, organizational, and functional autonomy, with a budget sufficient to effectively carry out their functions, according to the CSL.
Subsection 6. Each auditors body shall prepare their own budget, which shall be submitted for the approval by the Parliament, and shall be held accountable.
Subsection 7. Public administrations and the agencies and persons shall fully cooperate with auditors. The sanctions and the mechanisms to enforce compliance shall be established by the CSL.
Subsection 8. Each auditors body shall provide the Parliament with an annual report of its activities, and held accountable.
Subsection 9. In the discharge of their duties, and to ensure compliance with their objectives, auditors have the authority to impose sanctions, under terms established by the CSL.

Section G: Board of Auditors
Subsection 1. The Board of Auditors coordinates the auditors and is composed by a representative from each auditors body and a representative from local auditors.
Subsection 2. The Board of Auditors shall:
a. Coordinate the proper functioning of the auditors body and their employees.
b. Elect and appoint members of regulatory agencies, on a proposal of the relevant auditors body.
c. Organize the shared services of the auditors bodies.
d. Summon local auditors to discuss issues relating to their jurisdiction.
e. Perform any function similar to those enumerated above, as expressly determined by law.
Subsection 3. The Board of Auditors meets on request of any of its members, and is chaired by an auditor elected for each session. The decisions of the Board of Auditors are taken by a majority vote of its members. In case of a tie, the auditor chairing the meeting shall cast the deciding vote.
Subsection 4. All public servants and workers have the duty to appear before the Board of Auditors upon a valid request. The request must be strictly related to the auditor’s functions, and shall never respond to political complaints.

Section H: There shall be numerous mechanimsm for creating ad hoc independent, non-partisan, commissions to focus on spectfic questions.
Subsection 1. The remit for the commission can evolve by consensus among the commission

Article X – Defence, Peace and Conflict Resolution and Foreign Relations

Section A: The Scottish Republic, through the Scottish Institute for International Peace and Conflict Resolution, shall be devoted to promoting international peace and security, maintaining just and honourable relations between nations, fostering respect for international law and treaty obligations, and encouraging the settlement of international disputes by arbitration.

Section B: Acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially through the means of aggressive military actions, shall be unconstitutional. They shall be made a criminal offense.

Section C: Collective Security: The Scottish State may enter into formal collective security organisations but will only do so with the consent of the Council of Ministers and with a two-thirds majority endorsement of the Scottish Parliament.

Section D: Military Activity. Any deployment of Scottish Defence Forces, even if that deployment is to number just one single official, can only proceed after:
Subsection 1. a formal and public deployment decision by the Council of Ministers;
Subsection 2. a formal endorsement of that decision by the Scottish Parliament;
Subsection 3. a UN Security Council Resolution validating the deployment to which Scottish Defence Forces are to be committed.
Subsection 4. The requirements stipulated in Article 4 extend not just to Scottish Defence Force personnel but also to any Officers of the Scottish State (including police and prison officers) who might be sent to participate in training, assistance or development programmes in overseas conflict or post-conflict settings.

Section E: In the event of a failure to secure deployment assent from both the Scottish Parliament and the UN, it will be deemed unconstitutional for the Scottish Government to aid in any way the proscribed military or security activity in question. This ‘aid’ includes:
Subsection 1. providing financial contributions – direct or indirect – which might work to support the activity in question
Subsection 2. any donation or sale of material which might be seen to facilitate or aid the activity in question.
Subsection 3. allowing the use of Scottish land, coastal waters or airspace for any activities which may be connected with the activity in question.

Section F: Nuclear Weapons: The Scottish State prohibits any of the following acts or activities relating to nuclear weaponry taking place on its soil, territorial waters or airspace :
Subsection 1. The development, manufacture, possession or control of nuclear weapons;
Subsection 2. The stationing or transportation of nuclear weapons by any means;
Subsection 3. The testing or use of nuclear weapons;
Subsection 4. The dumping or disposal of nuclear weapons grade radioactive material or nuclear waste.

Section G: Transportation through the territory of Scotland of nuclear weapons, parts or components thereof, as well as of nuclear waste or any other nuclear material designed or produced for weapons purposes shall be prohibited and will be deemed a criminal offense.

Article XI – States of alarm, emergency, and siege

Section A: Only the CSL can regulate the states of alarm, emergency, and siege. They can only be declared to deal with disruption of democratic constitutional principles, public disasters, current or impending attacks, or the threat to carry them out by foreign forces, terrorist groups, or armed gangs.

Section B: Under no circumstances shall the declaration of such states suspend the right to life, the right to physical and mental integrity, the rights of the defendants, the right to nationality, non-retroactivity of criminal law, nor the freedom of thought or religion.

Section C: The states of alarm, emergency, and siege can only be declared when no other feasible measures less restrictive of rights are necessary to regain normalcy. The measures adopted and their duration must be appropriate to the circumstances and strictly necessary to guarantee normalcy.

Section D: All declarations of states of alarm, emergency, or siege must expressly specify which rights, freedoms, and guarantees are suspended, in addition to their reasons, effects, territorial scope and duration.

Section E: A state of alarm is declared by the President of the Scottish Republic, and cannot last more than 15 days. The Parliament shall be immediately informed, and the duration cannot be extended without parliamentary authorization.

Section F: A state of emergency is declared by the President of the Republic with the prior authorization by the Parliament. The duration cannot exceed 30 days, extendable to another 30 days if the same requirements are met.

Section G: A state of siege is declared by Parliament by an absolute majority vote, exclusively at the request of the President of the Republic. The Parliament shall determine the reasons, the territorial scope, duration, and conditions.

Section H: The functioning of the institutions provided in this Constitution shall not cease during the states of alarm, emergency, and siege. If the Parliament is not in session, it shall be automatically and immediately convened.

Section I: The declaration of states of alarm, emergency, and siege shall not abrogate the accountability of the President nor any other pubic authority.

Article XII – Land and territorial waters, and the environment

Section A: The territory of Scotland comprises all the mainland and islands of Scotland, plus the territorial waters in place prior to 1999, as recognised by international law.

Section B: The totality of the territory, buildings, and other goods within its land and territorial waters requiring legal title in Scotland shall be registered and taxed exclusively with the Scottish government. Complete transparency on ownership is required for the bearer to register and maintain title. Land and goods for which legal title cannot be legitimately established shall revert to public ownership.

Section C: All use of eminent domain in the acquisition of land and property must be transparent and demonstrably in the public interest, conducted exclusively by agencies of the Scottish government, with fair and timely compensation for expropriated property.

Section D: The powers of the Scottish land management agency shall include, but not be limited to, maintaining the title registry of land, assuring that EU and other subsidies are directed towards the correct recipients, and rigidly enforcing regulation based on peer reviewed science. Sufficient resources shall be furnished by the Scottish government to enforce these and other measures, and the CSL shall provide for the shielding of regulators from the influence of the entities they regulate.

Article XIII – Environmental Regulation

Section A: All environmental regulations shall be applied to the totality of the land and territorial waters in Scotland, including transport.

Section B: All persons, individually and collectively, have the right to the common natural resources of Scotland. These include natural systems created by the interaction of solar energy with air, water, soil, and subsoil.

Section C: All persons have the duty make responsible use of common natural resources, from an ecological, economic, and social perspective. The productive sectors are legally bound to use common natural resources in a way that does not degrade the environment or hinder regeneration.

Section D: All persons have the right to capture, transform, and use the energy contained in biospheric and lithospheric flows.

Section E: All chemicals, devices, and techniques used in all industry and energy extraction shall be declared and regulated. Chemicals deemed too toxic to be used through exclusively peer-reviewed scientific methods shall be banned. All ingredients in all foods and drinks, including all those which are genetically modified, shall be clearly labelled on the package.

Article XIV – Financial Regulation

Section A: All banks operating in Scotland must separate their investment and commercial operations, or continuously prove that that there are sufficient reserves to guarantee consumer deposits in their commercial operations in Scotland.

Section B: The Scottish government shall have the authority to set the leverage ratio for investments and financial products which bind all financial institutions operating in Scotland.

Section C: Upon this constitution coming into effect, the Scottish government shall establish a sovereign wealth fund for all revenue from its natural resources within its territorial waters. All revenue from natural resources shall be publicly held and invested in the public sector.

Article XV –Public Services and Privatisation

Section A: All natural infrastructure monopolies, including but not limited to the electrical grid, water and wastewater infrastructure, gas and oil pipelines, the railroad infrastructure shall be permanently publicly owned and maintained through public funds. There shall be a Scottish state-owned company operating in all natural monopolies, and the Scottish state shall regulate all sectors to ensure carefully managed and demonstrably fair competition.

Section B: All public services and institutions, including but not limited to refuse collection, police, prisons, schools, welfare, electoral boards, land and property assesors, and any other institutions established to exclusively serve the public interest, shall be publicly owned; operated, and regulated by the Scottish Government. Any private contracting for assisting services shall publicly tendered, with the right of all companies of any size to participate in the bidding process.
1. Upon this constitution taking effect, all privatised public services shall be evaluated to determine whether they are properly fulfilling their social mission, paying a fair taxation rate, and abiding by Scottish employment law. If it judged that they are properly fulfilling their obligations according to the CSL, the Scottish government shall sign a contract to maintain the service.
2. If it is judged that a publicly owned and run entity would better serve the public interest, the contracts signed with the UK government will be void, and a public entity will be created in its stead. All privatisation schemes must be approved by referendum.

Section C: The awarding of all government contracts on all levels shall be conducted through a transparent competitive bidding process, with legitimate reasons for determining the grantee made available for scrutiny to the public and the auditor general before funds can be appropriated.

Article XVI – Standards of Media and Journalistic Integrity

Section 1: All media having accreditation with the Scottish national and local governments shall demonstrate a clear record of journalistic integrity based on standards enumerated in the CSL. Those who lack such standards shall be excluded from accreditation. Upon demonstrably adopting the standards for 2 years, with regular guidance from the Scottish Media Council, shall be eligible to apply for media accreditation.

Section 2: Any media entity which has violated human and/or privacy rights anywhere shall be permanently excluded from accreditation by the Scottish governments.

Article XVII – Amending the Constitution

Article XIII – Citizenship: All persons who were UK citizens immediately prior to independence, and were born in Scotland, or were legally resident in Scotland at independence, shall become citizens of Scotland.

Section A: Parliament shall modify or add to the CSL to regulate the future acquisition of Scottish citizenship by birth, marriage, or naturalisation, and to specify the manner in which citizenship may be lost or renounced.

Section B: Parliament shall specify the circumstances and conditions under which dual citizenship with other countries may be held.

Section C: Law concerning the acquisition or renunciation of citizenship must not unfairly discriminate on the grounds of gender, ethnicity, religion, beliefs, disability, personal status or sexual orientation.

Section D: Adopted children shall for purposes of citizenship be treated as though they had been actually born to their adoptive parents.

Section E: Subject only to such further requirements as to residence as may be prescribed by the CSL,

Article XIV – Oath of office

The President, Ministers, Members of Parliament, Judges, and all other persons holding public office under this Constitution, shall take the following oath, with or without religious invocation.
I …………………………. solemnly affirm that I will bear true faith and allegiance to the people of Scotland, and that I will faithfully and conscientiously perform my duties as [name or title of the office] in accordance with the Constitution and the CSL of Scotland, without fear or favour. (So help me God).

5 thoughts on “Prototype Written Constitution for a Scottish Secular Republic

  1. I can agree with the majority of this constitution for Scotland, with one exception,I would like to see a clause that,when it comes to the law and justice,capital punishment must be Included for certain heinous crimes,these crimes can be discussed prior to the formation of a new Scottish constitution by a committee made up of the public and government officials,and must be put before the public for acceptance.

    1. Dear Raymond. Thanks for your comment, and I welcome your input. As an American, and having lived in Texas for much of my youth, I have struggled long and hard with this issue, and have listened to the arguments for and against. For most Americans and especially Texans, justice = vengeance. “You killed my wife, I want you dead’, which I understand on an emotional level. I don’t support the death penalty, in part because I simply do not consider it to have a deterrent effect, and also the way in which it is unequally applied in the US. Also, I think is important to create a justice system that is potentially redemptive rather than vengeful. I know there are crimes which are heinous beyond imagination, but I firmly believe the state is fulfilling it’s duty in keeping the person in jail for life. It is a complex issue, however.

  2. I watched the video last night and have being reading through the sections today to try to get an idea how such a document would future proof us against many of the common day to day events that have overtaken us over the past 25 years. I am glad to see that it is an inclusive document that speaks to the aspirations of our future nation whilst learning the lessons of the past . With this there would have been no Scottish victims in the Iraq war. There will not only be no nuclear weapons in Faslane but no nuclear waste travelling on our roads. It allows for a series of checks and balances that would not have allowed the media to force Brexit on an uninformed electorate. I believe the media clauses will give redress to the nonsense printed on almost every paper and make their editors and owners liable . I believe in a free press but a responsible one who are entitled to have a political standpoint that differs from mine but I also believe that those who use the media to promulgate lies and half truths to misinform. Surely, political cliques will form and the time bar on Head of State will not only prevent Putinesque power from falling into the hands of one person or party but hold them to judgement on their time in the post. All in all if I had to choose this document as it stands over an unwritten constitution allegedly based on Magna Carta but basically built on precedent of a legal system that does not recognise our own judiciary except as a subsidiary of The UK Supreme Court rather than a court of a legal system that has been developed from Common law over centuries, then I would have no doubt as to which I prefer. Great work. i look forward to the next videos.

    1. Thank you Dave for your reflections. We will be setting up a format in which you can be more directly involved. Stay tuned.

  3. This looks like a really good start Mark. Grateful for your contribution. Can I suggest you provide a downloadable PDF of this.

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