Constitution

Brexit and the Scottish Question

Stephen Richard — Tue, 05 Oct 2021 17:38:03 +0000

Brexit and the Scottish Question

Primary Author or Creator

Sionaidh Douglas-Scott

Stephen Richard Tue, 10/05/2021 - 18:38

Additional Author(s) / Creators

Queen Mary University of London

Date Published

Mon, 06/10/2019 - 12:00

Category

Independence

Type of Resource

Academic Paper

Length (Pages, words, minutes etc...)

19pp

Fast Facts

The 2016 Scottish vote for remaining in the EU received no consideration by the UK government for possible special arrangements. The prospect of a new independence referendum gains credibility as the paper shows the constitutional convention on consultation was considered irrelevant by the UK government.

More details

Queen Mary School of Law Legal Studies Research Paper No. 300/2019

Also published in Federico Fabbrini (ed), The Law & Politics of Brexit, (Oxford University Press, 2017).

Resource Address (URL)

https://poseidon01.ssrn.com/delivery.php?ID=39800201709408609111707601802811600…

Keywords

Brexit

independence

Constitution

Language English

Scotland’s new choice; Independence after Brexit

Stephen Richard — Sun, 26 Sep 2021 11:24:54 +0000

Scotland’s new choice; Independence after Brexit

Primary Author or Creator

Eve Hepburn

Stephen Richard Sun, 09/26/2021 - 12:24

Additional Author(s) / Creators

Michael Keating, Nicola McEwen, Centre on Constitutional Change

Alternative Published Date

2021

Category

Independence

Type of Resource

Book

Length (Pages, words, minutes etc...)

230pp

Fast Facts

, we have drawn together leading experts to examine the key issues, opportunities and challenges surrounding the prospect of independence. Much has changed since the 2014 referendum – most notably, the UK’s decision to leave the European Union. By providing factual information and impartial analysis, we hope that the book can support citizens to engage in debates and make up their own minds about Scotland’s future.

More details

ISBN 978-1-8384433-1-3

Resource Address (URL)

https://www.centreonconstitutionalchange.ac.uk/sites/default/files/2021-03/Scot…

Keywords

Constitution

Referendum

Sovereignty of the people

Political participation

International relations

Brexit

Language English

Scottish Sovereignty Research Group

Stephen Richard — Sun, 19 Sep 2021 21:38:27 +0000

Scottish Sovereignty Research Group

Primary Author or Creator

Scottish Sovereignty Research Group

Stephen Richard Sun, 09/19/2021 - 22:38

Additional Author(s) / Creators

Add additional Authors and/or Publisher

Alternative Published Date

2020 -

Category

Constitution

Independence

Type of Resource

Web site

Fast Facts

Research means to become independent which will be legally recognized other than through a Westminster sanctioned referendum
Continue to develop a written constitution.
Hold a broad survey among Scots to determine what kind of country they would like to see

Resource Address (URL)

https://www.scottishsovereigntyresearchgroup.org/

Keywords

Language English

An Unequal Kingdom: The Barriers to Federalism in the UK

Stephen Richard — Sun, 12 Sep 2021 08:01:20 +0000

An Unequal Kingdom: The Barriers to Federalism in the UK

Primary Author or Creator

Craig Dalzell

Stephen Richard Sun, 09/12/2021 - 09:01

Additional Author(s) / Creators

Isobel Lindsay, Common Weal

Alternative Published Date

April 2018

Category

Devolution

Type of Resource

Policy Paper

Fast Facts

The constitutional question over Scotland’s place in the United Kingdom was not resolved by the results of the 2014 independence referendum. In addition to the ongoing debate around independence at least two political parties – the Liberal Democrats and Scottish Labour – currently support constitutional reform for the whole of the UK along some kind of Federal structure.

This paper examines the case for federalism and outlines the challenges and barriers to reform of the UK in this manner.

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― As the debates about Scottish independence, several parties – notably Labour and the Liberal Democrats – have sought to distinguish themselves by offering a “third option” in the form of converting the UK from a Unitary State to a Federation of states.

― So far, the details of these proposals have been lacking and barriers to the transition have not been adequately addressed.

― Federalism itself does little to solve the issues around the centralisation or decentralisation of power in the UK. A Federal UK can be highly centralised or highly decentralised just as a Unitary State with devolution can be.

― It is not clear whether a Federal UK will involve England as a distinct state (which would mean a Federation in which one state held an absolute majority of the population of the UK compared to the other states) or whether England would be dissolved and broken into multiple states (which would mean the dissolution of a country simply to solve a demand for constitutional change emanating from outwith that country)

― The state of devolution in the UK is highly asymmetric with some devolved nations having control over different powers and different overall degrees of autonomy. It is not clear if this asymmetry would be replicated in a Federal UK.

― If these asymmetries are to be flattened out then this would require either that Scotland loses powers that it has held since the Union in 1707 (such as its autonomous legal code) or potentially that regions of England are granted those powers.

― There has so far been little to no demand in England for these constitutional changes and without England’s support they will not happen. Thus, presenting Federalism first and foremost as a “solution” to the Scottish independence debate is doomed to failure. Federalism must be able to work regardless of whether or not Scotland leaves the UK either before or after the latter becomes a Federation.

― Any attempt to use a Federal constitution to somehow block, impede or render illegal any campaign for Scottish independence (as is the case in the Spanish constitution) would be profoundly undemocratic and dangerous.

Resource Address (URL)

https://commonweal.scot/wp-content/uploads/2017/04/An-Unequal-Kingdom.pdf

Keywords

Language English

How To Start a New Country & A Short Guide To Starting a New Country

Stephen Richard — Wed, 18 Aug 2021 22:26:48 +0000

How To Start a New Country & A Short Guide To Starting a New Country

Primary Author or Creator

Common Weal

Stephen Richard Wed, 08/18/2021 - 23:26

Alternative Published Date

August 2021

Category

Scottish government

Type of Resource

Policy Paper

Fast Facts

Both books are essential reading for both believers in Scottish independence and undecided voters who seek answers to their practical questions about the processes required for starting an independent country.

More details

Common Weal is proud to present the end result of 18 months of work on the White Paper Project: a blueprint for how to start an independent Scotland, together with a short guide to starting a new nation, arming the independence movement with the most important piece of work completed since the 2014 referendum.

The purpose of this work is to explore the practical steps that Scotland would have to take if it wanted to become an independent country. The book’s starting point is the day after the referendum at which a majority of Scotland have voted for independence and it ends three years later with Independence Day.

Based predominantly on Common Weal’s 18 month long White Paper Project, the book explores how Scotland would build its new systems and infrastructure, how it would pay for it all and how much it would cost.

An independent Scotland should aim to establish itself as a 21st century nation. It is an excellent opportunity to design the country not as an adaptation of the 19th century nation but as one which is rooted in modernity.

Resource Address (URL)

https://commonweal.scot/shop/package-deal-two-books-how-to-start-a-new-country-…

Keywords

Scottish Independence

Foreign Currency Reserves

Language English

Constitution for Scotland; an Interactive Consultation

Stephen Richard — Mon, 16 Aug 2021 06:13:09 +0000

Constitution for Scotland; an Interactive Consultation

Primary Author or Creator

Constitution for Scotland

Stephen Richard Mon, 08/16/2021 - 07:13

Category

Scottish government

Type of Resource

Web site

Fast Facts

The Constitution sets out the conditions under which the people agree to be governed. It lays down the basic principles of the State, the structures, and processes of government, defines the limits within which our politicians, at all levels, must operate and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act.

More details

Summary

Article 1. This Constitution asserts the right of the people of Scotland to govern themselves as a constitutional democracy whereby members of Parliament remain at all times primarily accountable to the electorate and the terms of this Constitution;
specifies the sovereignty of the people over the territories and natural resources of Scotland; details the qualifications for citizenship and residency visas; qualifications for voting in elections.

Article 2. The adoption of European standards of human rights into the constitution; prohibition of discrimination; the rights and obligations of citizenship; the right to life and dignity; the right to free quality healthcare at the point of need; the right to free education up to secondary level and beyond on the basis of qualification.

Article 3. Following Independence, a national referendum will decide the hereditary or elected status of the Head of State; the role and duties of the Head of State in the parliamentary and public life.

Article 4. The nature and organisation of the unicameral Parliament; the number of members and constituencies; the electoral system of proportional representation; the Council of Ministers and administration of government within the terms of the constitution; eligibility, training and qualifications, life experience and restrictions to be an MP, remuneration and expenses; the election and duties of the Presiding Officer, the appointment of bodies to manage the fabric and effective administration of Parliament.

Article 5. The law-making powers of Parliament, the procedures for scrutiny and enactment of legislation; commissions of enquiry powers to summon evidence; the conduct of Parliament and disciplinary powers.

Article 6. The procedures leading to the recall of an MP; the protocols for the initiation and management of Constitutional Referendums and for the initiation of a public petition to the government.

Article 7. The structure and composition of the Executive; restrictions on external or commercial interests; the transparency and registration of lobbyists; the creation of non-government organisations; requirement of a referendum for entering the major obligations, treaties or transfer of governmental powers granted under this Constitution.

Article 8. The focus and direction of economic policy under this Constitution; the introduction and management of the national currency in all its forms and free of debt is an exclusive monopoly guaranteed by the State; the scope and responsibilities of the Central Bank of Scotland; the rules regarding National Debt and the regulation of banking and financial corporations. The powers of the State to impose and collect taxes equitably and within the framework of a responsible budget.

Article 9. The structure, powers and obligations of a fully independent Judiciary; the Courts.

Article 10. Amendments to the Constitution will require a two-thirds majority vote in parliament followed by a public referendum.

Article 11. The requirement for auditing Government departments and public bodies; open oversight of broadcasting, Freedom of Information and the provision of Ombudsman services.

Article 12. Two Tier Local Authority, Responsibilities, Elections and qualification of Regional and Burgh Councillors; Funding, Remuneration, Boundaries; Citizen referendums and Recall.

Article 13. Making provision for truly independent commissions and commissioners to investigate and rule on matters of public concern; the provision of a training course introducing new members and councillors to the skills and responsibilities of public office.

Article 14. Recognising the need for effective and considerate use of Natural Resources, Land Registration, Environment and Wildlife protection.

Article 15. Law Enforcement and Police, Prohibition of Death Penalty, National Security, Maritime Protection Agency, Conventional Armed Forces, Emergency Powers, participation in joint International humanitarian or military initiatives; Diplomatic and Consular Service: prohibition of nuclear, biological or chemical weapons.

Article X. A miscellany of Sections added post publication of the Model Constitution. Their content is included in the library of the Searchbox andfollow the follow the same protocols of the original Sections.

Resource Address (URL)

https://constitutionforscotland.scot/constitution/

Keywords

Constitution

Language English

Clyde-Built Scottish Constitution

Bill — Thu, 01 Jul 2021 11:45:07 +0000

Clyde-Built Scottish Constitution

Primary Author or Creator

Dr. Mark McNaught

Bill Thu, 07/01/2021 - 12:45

Date Published

Sat, 12/01/2018 - 12:00

Category

Constitution

Type of Resource

Web site

Fast Facts

This wiki-based Scottish Constitutional, Legal, and Institutional development platform has undergone considerable development since launch on December 1, 2018.

Numerous amendments submitted by users to the constitutional text. all of which were excellent improvements. I never cease to be struck by the power of collective wisdom.

A Constitutional Blank Slate for Scotland?

More details

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Resource Address (URL)

http://scottishconstitution.com/

Keywords

Constitution

Scotland

Government

Language English