A Written Constitution for Scotland by James Neely: Gillan Esq.
Supremacy of the Constitution 
A.V. Dicey (1835–1922) from the Harvard Law School Library’s Legal Portrait Collection. Dicey wrote that three criteria must be satisfied before a constitution can be regarded as supreme.
According to British jurist and constitutional theorist Albert Venn Dicey, three legal criteria must be satisfied before a constitution can claim to be supreme:
1. There must be codification, that is, the constitution must be written.
2. The constitution must be rigid.
3. Authority must be given to the courts to evaluate the constitutionality of legislative acts and declare them void if they are found to be inconsistent with the constitution.
About this proposed Scottish Constitution and Bill of Rights
This was broadly influenced by our Auld Alliance friends in France and our other neighbours across the Irish Sea, with some influences from elsewhere and a nod to our ain folk across the Atlantic. I have commented in italic within Square Brackets, throughout this piece and used many links to afford a better understanding of such a document as this. Should you prefer to see this without as many comments or links see HERE
My apologies on any typos you may spot, this has been a long process and comes up with many radical new ideas, some of which have NEVER been done before!
The whole point of having a Referendum on the future of Scotland is to discuss these kind of ideas. Don’t be led by politicians, speak your own mind, let’s raise OUR voice and let it be heard. You should choose a document such as this n the event of an Independent Scotland. I’ve tried to make this an inclusive Constitution, with a nod to our rich historic past and our present culture.
The Institutions of the Free Republic of Scotland
The institutions of the Free Republic of Scotland shall be made up of seven executive branches, these are:-
The National Assembly (500 Freemen elected by those in their community. Drawn from the areas covering the whole of Scotland), this body is the overarching authority, being formed of the people, for the people, and may be convened at any time to deal with serious matters of state, such as the threat of corruption or other dire act by its appointees or its other institutions of Governance, renders it necessary. [This would ideally replace the present ‘councillors’ and would not be party political, as you could elect anyone willing to stand from your community]
These Freemen will be known as Senators of the State and they shall elect a leader who will be known as the Senator General. The Senator General or his representative (another of the Senators), shall attend ALL the major decision making meetings and/or parliamentary sessions, to advise on the opinions of the Freemen and Citizens of the Republic of Scotland, so that the peoples’ voice will be heard. [The term Freemen is universal and is distinct from a Citizen, which would be the term used to describe someone seeking to become a Freeman]
The President of the Scottish Republic Responsible for the overall decisions of the other institutions defined by the National Assembly and accountable solely to the National Assembly, which has ultimate veto on all decisions of its institutions and also has the power to remove the President from office and temporarily appoint a new President, until an election is called at the earliest possible date. The President may only be removed by the authority of the people by way of a referendum, except in acts of treachery or treason where the Senators are empowered by the people to remove him at once.
The Presidents role will be to meet with other Heads of State, voicing the concerns of the Senator General and acting as the spokesman of the people. He will also be responsible for overseeing the Government, Parliament and our other institutions (with the exception of the National Assembly) of the Scottish State.
The Scottish Government Responsible [NOT a party political Government after all we want REAL Democracy!] for the Day-to-Day administrative functions of the State, numbers to be worked out. They will also be the body responsible for the payment of ‘compensation’ to our people for the time given to working in the institutions of the state (if they choose to do so), SEE HERE TOO
The Scottish Parliament Responsible [again NOT Party Political, any Freeman can be elected to our institutions] for drafting legislative powers of the state, making treaties with other nation states and with responsibility for ensuring that justice and our freedoms within our Constitution are properly guarded and maintained.
They shall elect from amongst their members a Prime Minister, who is responsible with his advisor’s to the President and The National Assembly. He may be removed from office by either the President or the National Assembly. Only the National Assembly has the power to over-rule the President.
The Prime Minister [NOT a Prime Minister like you see today], responsible for forming the legislative will of the people and in the furtherance of pursuing peaceful means for the prosperity and continued enjoyment of our freedoms. With responsibility for both the Administrative and Legislative branches of the Scottish Republic.
The Prime Minister reports to the President and will also keep the Senator General [on behalf of the people] informed of major issues
The Judiciary The Senior Members of the Judiciary shall be selected from those Freemen that have been found to be of suitable character and will be appointed by the Prime Minister, the President and the President of the Court equally. The Senior Law officer of the Courts will be appointed by the Senator General in consultation with the President, and the Prime Minister. He will be known as the President of the Court and will have responsibility for the judges under him and their behaviour. He has the power to remove any judge of the court, although this may be over-ruled by the President or the Prime Minister or ultimately the Senator General who has the power of veto on all decisions of the institutions of state [our present system makes it almost impossible to remove anyone from office who’s a failure]
The President of the Court in consultation with his senior judges may appoint a suitable candidate for the position of judge and may also make suitable provision for the appointment of other administrative posts and the attendant responsibility of those appointees, within the court system. These appointments are open to all Freemen and Citizens to apply. A system of checks and balances is to be formed that will insure the practical use of the appointments system. A judge can only be appointed who swears to uphold the ideals and Articles of the Scottish Constitution, the Scottish Declaration and its Preamble and any other Laws that the Freemen and Citizens of the Free Republic of Scotland may from time-to-time amend or enact by way of a referendum on any proposed introductions or changes to the Constitutional documents
Freemen and Citizens accused of any crime may appoint anyone whatsoever to defend themselves or indeed have the capacity to stand pro se (for self). No specialist should ever be required to defend a Freeman or Citizen, as our laws should always allow for a defence to be put in plain language and in terms sufficient enough, that a Jury will easily understand it.[not what we have at present, the system we have is rigged against you, regardless of guilt or innocence. Law is NOT about justice at present]
All courts will operate on a system of trial by jury which no-one may be denied, the jury will make the decision on Guilt or Innocence and the Law Officers will direct the party/parties on points of law, the constitution and other enactments or proclamations of the people.[ignorance of the law is no defence today, yet those very people who sit in judgement, with often no jury either, who are paid high salaries, often they’re ignorant of the law themselves and there’s little you can do about it! This proposed new system will be fairer and more transparent]
Other Non-Executive Institutions of the State:
Systems of Education An Educational System that is once again the envy of the world shall be established, with the senior heads appointed by the Prime Minister and the President in consultation with the Senator General.
Everyone with capacity to understand shall be required to know their rights under the Scottish Constitution, therefore our Educational System will teach this from an early stage and discuss any element of it against other systems of law, so that our children and our grandchildren understand the importance of it. [do you know your rights at present?]
These bodies of the state will convene at such times and places as yet to be determined.
There will be a new role of the Monarchy in the Scottish Republic, which will have responsibility for tourism, pageantry and the oversight of our rich historical past, including looking after the historical buildings, castles and other monuments to our long and rich traditions. [The exact nature of this should be discussed. I would urge a role for the monarchy and restore the Royal line to its proper place, by offering this role to one of the two camps the people believe merits it most. These changes will restore the treachery of those who acted against the people and satisfy a broad swathe of the Scottish People. However, power will ultimately lie in the hands of the people.]
The Scottish Constitution Preamble (full text)
In the Name of the Supreme God of the Universe, from whom all authority is derived and to whom, at our final end, all actions both of Freemen and States must be referred,
We, the sovereign people of Scotland,
Humbly acknowledging all our obligations to our supreme father, Who sustained our fathers through centuries of trial and toil,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the sovereign men and woman and the Citizens of Scotland may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves these inalienable Rights and this Constitution.
Representatives of the Scottish people, elected in National Assembly, recognising that ignorance, forgetfulness or contempt of the rights of man are the sole cause of public calamities and of the corruption of Governments, having resolved to set forth in a solemn declaration the natural, inalienable and sacred rights of man, in order that this Scottish Constitution, being constantly before all the members of the Scottish State, shall remind them continually of their rights and duties, so that the acts of the legislature, and those of the executive branches, may be compared at any moment with the objectives and the free will of the people of the new Scottish Republic, be more respected, so that the complaints of her Freemen and Citizens, based hereafter upon simple and incontestable principles, always directed toward the maintenance of the Scottish Constitution and the Scottish Declaration of Independence and in the pursuit of happiness and liberty for all.
Accordingly, the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following inalienable rights of its Freemen and Citizens.
Art. 1. Freemen are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
Art. 2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security and resistance to oppression.
Art. 3. The principle of all sovereignty resides essentially in the nation. No body or individual may exercise any authority which does not emanate expressly from it.
Art. 4. Freedom is being able to do anything that does not harm others: thus, the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of these same rights. These limits can only be determined by our laws.
Art. 5. Each Freeman or Citizen has the right to hold as harmful, everything that is not forbidden by law and cannot be prevented, and no one can be forced to do what he did not order.
Art. 6. Law is the expression of the general will. Every Freeman and Citizen has a right to participate personally, or through their representatives, in its formation. It must be the same for all, whether it protects or punishes. All Freemen and Citizens, being equal in its eyes are equally admissible to all public dignities, places and employments, according to their capacity and without distinction except that of their virtues and talents.
Art. 7. No Freeman or Citizen can be accused, arrested or detained except in cases determined by law, and according to the forms prescribed. Those who solicit, dispatch, execute or cause arbitrary orders must be punished, but any Freeman or Citizen summoned or arrested in virtue of any Law must obey immediately: he makes himself guilty by resistance.
Art. 8. The law should establish penalties that are strictly and obviously necessary, and no one may be punished except by virtue of a law established and promulgated prior to the offence and lawfully applied.
Art. 9. Every man is presumed innocent until or unless proven otherwise, if deemed necessary to arrest him, all harshness not necessary to secure his person must be severely repressed by law.
Art. 10. Nobody should be harassed for his opinions, provided their manifestation does not disturb the public general order or as established by way of an enactment of any law.
Art. 11. The free communication of thought and opinion is one of the most precious rights of man: any Man or Woman may therefore speak, write and publish freely, except to respond to the abuse of his liberty in cases determined by our laws.
Art. 12. The guarantee of human rights for every man requires a system of fair governance and laws to protect and enforce those rights, therefore this constitution, together with our laws agreed to in a referendum, will be established for the benefit of all and not for the particular benefit of those to whom it is entrusted.
Art. 13 For the maintenance of our infrastructure and the environment, and for the attendant administrative costs, a common financial contribution is essential: it must be divided equally among all Freemen, Citizens and commercial enterprise, to be used for the public good. This sum should rarely exceed ten percent and only used when required to meet large infrastructure costs.
Art. 14. All Freemen and Citizens have the right to ascertain, by themselves or by their representatives, any contribution by way of ‘levy’, to grant this freely, to monitor and obtain any work, either as a self-employed Freeman or working for any other Freeman or Institution of the state, and to determine the proportion, the basis, collection and duration.
Art. 15. All Companies engaged in commercial activity will be required to pay levies on any profits generated within the Republic of Scotland, regardless of where their head office is situated. And will conform to the laws of commerce under the commercial administration.
Art. 16. Any society in which the guarantee of rights is not assured, nor the separation of powers defined, has no constitution.
Art. 17. The property is an inviolable and sacred right; no one can be deprived of, except where public necessity, lawfully ascertained, obviously requires it, and the condition of a just and prior indemnity.
The Scottish people solemnly proclaim their commitment to human rights and the principles of national sovereignty, as defined by the Scottish Declaration of Independence dated 24th June 2014, confirmed and complemented by the Preamble to that document and the Preamble of this the 2014 Scottish Constitution, and the rights and duties set out in the Charter for the Environment 2014.
Under these principles and that of the self-determination of the people, the Scottish Republic offers to the overseas territories that express the will to adhere to them, new institutions founded on the common ideal of liberty, equality and opportunity and conceived with a view to their democratic evolution.
This is a very lengthy document, but, hopefully it whets your appetite!
A Proposed Scottish Constitution
Scotland is an indivisible, secular, democratic and social Republic. It ensures equality before the law for all Freemen and Citizens without distinction of origin, race or religion. It shall respect all beliefs. This republican organization is decentralized and governed ultimately by the people and for the people.
The law favours the equal access of Freemen to electoral mandates and elective functions, as well as professional and social responsibilities.
Title I – SOVEREIGNTY
The languages of the Scottish Republic are Scots Gaelic and English.
The national emblem is the new Saltire in Purple with an Eagle at its centre
The national anthem of the Scottish Republic is the “Flower of Scotland.”
The motto of the Scottish Republic is “Pro Libertate”. [for freedom]
Its principle is Government of the people, by the people and for the people.
National sovereignty belongs to the people who exercise it through their representatives and by means of referenda.
No section of the people may be deprived of the right to vote, nor any individuals’ right to vote (or not), be determined by threats from the State or its institutions. The State and its institutions may not sell the details of any voter. Freemen and Citizens’ privacy is to be held of paramount importance and individuals‘ details may not be shared with foreign powers without the express permission of a senior head of state and only then if threat of attack or other major issue deems it necessary.
Suffrage may be direct or indirect as provided for by the Constitution. It is always universal, equal and secret.
Voters are, under conditions determined by law, Scottish sovereign Freemen and Citizens of both sexes who may enjoy all their civil and political rights.
Political parties and groups can contribute to the expression of suffrage and may form and exercise their activities and rights freely. They must respect the principles of national sovereignty and democracy.
The law guarantees pluralistic expression of opinions and equitable participation of political parties and groups in the democratic life of the Scottish nation.
Title II – THE PRESIDENT OF THE SCOTTISH REPUBLIC
The President of the Scottish Republic shall respect the Scottish Constitution. He will oversee, by arbitration, the proper functioning of public authorities and the continuity of the State authorities.
He is the guarantor of national independence, territorial integrity and observance of our treaties.
The President of the Scottish Republic is elected for five years by direct universal suffrage.
No person may serve more than two consecutive terms.
The arrangements for implementing this Article shall be determined by an organic law and voted on by way of a Referendum.
The President of the Scottish Republic is elected by an absolute majority of votes cast. If this is not achieved in the first ballot, there shall, on the fourteenth day following, be a second round. This can only present the two leading candidates found to have received the highest number of votes in the first round.
Voting is open to the call of the Senator General, the Government or the Parliament.
The election of the new Scottish President takes place at least twenty days and thirty-five days before the expiration of the powers of the sitting President.
In case of vacancy of the Presidency of the Republic for any reason whatsoever, or impeachment by the Constitutional Council seized by the Government and by an absolute majority of its members, the functions of the Scottish President of the Republic, the except those provided for in Articles 11 and 12 below, shall be temporarily exercised by the President of the Senate and, if the latter is in turn unable to perform those functions, by the Government.
In case of vacancy or where the incapacity is declared permanent by the Constitutional Council, the ballot for the election of a new President shall, except in cases of force majeure recognized by the Constitutional Council, at least twenty days and thirty-five days after the opening of the vacancy or the declaration of the definitive nature of the impediment.
If within seven days prior to the deadline for submission of nominations, a people with less than thirty days before this date, publicly announced his decision to be a candidate dies or becomes incapacitated, the Constitutional Council may decide postpone the election.
If, before the first round, a candidate dies or becomes incapacitated, the Constitutional Council shall declare the postponement of the election.
In case of death or incapacity of one of the two most favoured candidates in the first round before any withdrawals, the Constitutional Council declares that procedure must be new to the whole electoral process; it is even in case of death or incapacity of one of the two candidates remaining in the second round.
In all cases, the Constitutional Council is seized under the conditions laid down in the [relevant Article] below or those determined for the nomination of a candidate by the organic law under Article 6 above.
The Constitutional Council may extend the periods referred to in the third and fifth paragraphs, provided that polling takes place more than thirty-five days after the date of the decision of the Constitutional Council. If the provisions of this paragraph results in the postponement of the election beyond the expiry of the President in exercise date, he remains in office until his successor is proclaimed.
He cannot apply articles 49 and 50 etc of the Constitution during the vacancy of the Presidency of the Scottish Republic or the period elapsing between the declaration of permanent incapacity of the President of the Scottish Republic and the election of his successor.
The President of the Scottish Republic appoints the Prime Minister. It terminates its functions on the presentation by one of the Government’s resignation.
On the proposal of the Prime Minister, he appoints the other members of the Government and also terminates their appointments.
The President of the Scottish Republic presides over the Council of Ministers.
The President of the Scottish Republic promulgates laws within fifteen days of the receipt by the Government finally adopted the law.
He may, before the expiry of that time limit, ask Parliament to reconsider the Act or some of its articles. Reconsideration shall not be refused.
The President of the Scottish Republic on the proposal of the Government during the sessions or on a joint motion of the two meetings, published in an Official Journal, submit to a referendum, any bill on the organization of public authorities, or with reforms relating to economic, social or environmental policy of the nation and public services contributing thereto, or authorizing the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of institutions.
When the referendum is held on the proposal of the Scottish Government, before each such referendum is called, any statements to be made or debated are done so in a public arena, prior to any referendum.
When the referendum is concluded with the adoption of any bill, the President of the Scottish Republic shall promulgate it within fifteen days after the proclamation of the results of the referendum.
A referendum on a subject mentioned in the first paragraph may be organized at the initiative of one fifth of the members of Parliament, supported by a tenth of registered voters on electoral rolls. This initiative takes the form of a bill and cannot be to the repeal of a statutory provision enacted less than a year.
The conditions of his presentation and those in which the Constitutional Council monitors compliance with provisions of the preceding paragraph shall be determined by an organic law.
If the bill has not been discussed by the two assemblies within a period set by the Organic Law, the President of the Scottish Republic shall submit to the referendum.
When any bill is not passed by the sovereign Scottish people, no new referendum proposal on the same subject can be made before the expiration of two years from the date of the election.
When any referendum is concluded and the bill or bills passed, the President of the Scottish Republic shall promulgate it within fifteen days after the proclamation of the results of any referendum.
The President of the Scottish Republic may, after consulting with the Prime Minister and the Presidents of the assemblies, declare the dissolution of the Government. This measure to be taken in consultation with the Senator General
General elections are held at least twenty days but not more than forty days after the dissolution.
The National Assembly is held on the second Thursday following its election. If this meeting takes place outside the period prescribed for the ordinary session, a session is opened by right for a fifteen-day period.
Thereafter, meetings will be determined by the respective parties, for the year following the election.
The President of the Scottish Republic shall sign the ordinances and decrees deliberated upon in the Scottish Council of Ministers.
He appoints civil and military posts of the State.
State councillors, the Grand Councillor, ambassadors and envoys, adviser’s masters to the Court of Auditors, the representatives of the state in communities overseas governed by the [relevant Article] the generals, the presidents of academies and heads of central administrations are appointed by the Council of Ministers.
An organic law shall determine the other posts to be filled by the Scottish Council of Ministers as well as the conditions under which the power of appointment of the President of the Scottish Republic may be delegated by him to be exercised on his behalf.
An organic law determines the jobs or functions, other than those mentioned in the third paragraph, which, because of their importance for the guarantee of rights and freedoms, economic and social life of the nation, the power to appoint the President of the Scottish Republic shall be exercised after public notice of the relevant standing committee of each meeting. The President of the Scottish Republic cannot make an appointment when the sum of the negative votes in each committee represents at least three fifths of the votes cast by the two commissions. The law determines the standing committees as positions or offices concerned.
The President of the Scottish Republic shall accredit ambassadors and envoys extraordinary to foreign powers; ambassadors and foreign envoys extraordinary shall be accredited to him.
The President of the Scottish Republic is the head of the army. He chairs the boards and senior national defence committees.
When the institutions of the Scottish Republic, the independence of the Scottish Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat and the regular functioning of the Scottish constitutional public authorities is interrupted, the President of the Scottish Republic shall take measures required by these circumstances, after formally consulting with the Prime Minister, the Presidents of the Scottish assemblies and the Constitutional Council and the Senator General.
He shall then address the Scottish Nation and inform them of the situation at the earliest opportunity.
These measures must be inspired by the desire to provide the Scottish constitutional public authorities, promptly and by whatever means to accomplish their mission. The Scottish Constitutional Council shall be consulted about them.
The Scottish National Assembly may not be dissolved during the exercise of emergency powers.
After thirty days of exercise of emergency powers, the Constitutional Council may be referred by the Speaker of the National Assembly, to the Senator General, sixty deputies or sixty senators, or one hundred sovereign Freemen and their elected speaker from that group, in order to examine if the conditions remain in place in the first paragraph . It is pronounced in the shortest possible time by public notice. It proceeds from right to review and vote on the same terms at the end of sixty days of exercise of emergency powers at any time beyond this period.
The President of the Scottish Republic has the right to pardon anyone other than himself.
The President can only be pardoned by the Senator General after a vote to do so by 66% of the Senators
The President of the Scottish Republic shall communicate with the two assemblies of Parliament by messages that he has personally read and that do not give rise to any debate.
He may also speak before the Scottish Parliament for this purpose.
Out of session, the Scottish Parliament shall be convened early, especially for this purpose.
Acts of the President of the Scottish Republic other than those referred to in Articles 8 (1 paragraph), 11, 12, 16, 18, [other relevant Articles etc] and shall be countersigned by the Prime Minister and, where appropriate, by the respective ministers.
Title III – GOVERNMENT
The Scottish Government shall determine and conduct the policy of the Nation.
It has the administration and the armed forces.
It is immediately accountable to the Senator General and then the President who acts with their full authority and the President instructs the Scottish Parliament under the conditions and following the procedures laid down in [relevant Article].
The Prime Minister directs the Scottish Government. He is responsible for national defence. It ensures the implementation of laws. Subject to the provisions of Article 13, exercise statutory authority and appoints civil and military posts.
He may delegate some of its powers to ministers.
It compensates, if any, the President of the Republic as chairman of boards and committees provided for in Article 15.
It may, in exceptional cases, deputize for the Chair of the Council of Ministers pursuant to an express delegation to a specific agenda.
Acts of the Prime Minister are countersigned, where necessary, by the ministers responsible for their execution.
As a member of the Government posts are incompatible with the exercise of any parliamentary office, any office of professional representation at national level, any public employment or professional activity.
An organic law determines the conditions under which it is provided to replace the holders of such offices, positions or jobs.
The replacement of members of Parliament shall be held in accordance with Article 25.
Title IV – PARLIAMENT
Parliament passes the law. It controls the action of the Government. It evaluates public policies.
It includes the National Assembly and the Government.
Deputies to the National Assembly, whose number may not exceed five hundred, are elected by direct suffrage.
The Parliament, the number of members may not exceed three hundred are elected by indirect suffrage. It represents the local authorities of the Republic.
The Scottish jurisdictions established outside of Scotland are represented in the National Assembly and the Senate.
An organic law determines the duration of the powers of each meeting, the number of its members, their personal allowances, the conditions of eligibility, the system of ineligibility and incompatibility.
It also specifies the conditions under which the elected persons to ensure, in case of vacancy, the replacement of deputies or senators to general or partial renewal of the meeting to which they belonged or temporary replacement if acceptance by them of Government functions.
An independent commission, whose law determines the composition and rules of organization and operation, decided by public opinion on the draft text and legislative proposals defining the constituencies for the election of deputies or modifying the distribution of seats, deputies or senators.
No Member of Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the exercise of its functions.
No Member of Parliament shall be allowed to take his seat or vote on any issue, whilst charged with a criminal or misdemeanour offence. Deprivation or restriction of his liberty may be suspended with the permission of the Bureau of the Assembly to which he belongs, if this should be considered to be in the interests of the Scottish sovereign people. This authorization is not required in the case of a crime or misdemeanour committed flagrante delicto or a final sentence.
Detention, deprivation or restriction of liberty or the pursuit of a Member of Parliament shall be suspended for the duration of the session if the assembly of which he is part requires it.
The assembly concerned shall convene as of right for additional sittings to enable, where appropriate, the application of the above Article 26 on the affected Member of Parliament.
Any imperative mandate is null.
The voting members of Parliament staff.
The organic law may exceptionally authorize the delegation to vote. In this case, no one may receive the delegation of more than one term.
Parliament meets as of right in a regular session commencing on the first working day of October and ends on the last business day of June.
The number of days for which each meeting may take place during the regular session shall not exceed one hundred and twenty. Sitting weeks are determined by each assembly.
The Prime Minister, after consultation with the chairman of the meeting in question, or the majority of members of each assembly may decide to meet additional sitting days.
The days and times of meetings are determined by the rules of each meeting.
Parliament meets in extraordinary session at the request of the Prime Minister or the majority of members of the National Assembly, on a specific agenda.
When the special session was held at the request of members of the National Assembly, the closure decree as soon as Parliament has exhausted the agenda for which it was convened not later than twelve days after its meeting.
The Prime Minister may request a new session before the end of the month following the decree closing.
Excluding cases in which Parliament meets de jure, special sessions are opened and closed by decree of the President of the Scottish Republic.
Members of the Government have access to both meetings. They are heard when they ask.
They may be assisted by Government commissioners.
The President of the National Assembly is elected for the term of the legislature. The Senator General of the Senate shall be elected every ten years.
The sessions of both meetings are public. A verbatim record of the proceedings is published in the Official Journal.
Each House may sit in camera at the request of the Prime Minister or a tenth of its members.
Title V – RELATIONS BETWEEN THE GOVERNMENT AND PARLIAMENT
The law establishes the rules concerning:
civil rights and the fundamental guarantees granted to sovereign Freeman and Citizens for the exercise of civil liberties, freedom, pluralism and independent media, and the constraints imposed by national defence to Freemen and Citizens in their persons and their goods;
nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts;
the determination of crimes and offences and the penalties applicable to them; criminal proceedings; amnesty, the creation of new levels of jurisdiction and the status of judges;
the base rates and methods of collection of levies of all types, the system of issuance of the currency.
The law also establishes the rules:
the electoral systems of parliamentary assemblies, local councils and representative bodies of Scottish jurisdictions outside Scotland and the conditions for the exercise of electoral mandates and elective functions of members of the deliberative assemblies of local authorities;
the creation of categories of public institutions;
the fundamental guarantees granted to civil and military state;
the nationalization of enterprises and the transfer of ownership of public enterprises to the private sector.
The law determines the basic principles:
general organization of national defence;
the free administration of local authorities, their powers and their resources;
the preservation of the environment;
of property ownership, real rights and civil and commercial obligations;
labour law, labour law and social security.
Finance Acts shall determine the resources and obligations of the State under the conditions and subject to the reservations specified in an institutional Act.
The laws of the financing of a universal Credit determine the terms of its financial equilibrium and, given their revenue forecasts, shall determine expenditure targets under the conditions and subject to the reservations specified in an institutional Act.
Programming laws determine the objectives of the action of the State.
The multiannual guidelines for public finances are defined by the laws of programming. They are part of the objective of balancing the Government accounts.
The provisions of this article may be supplemented by an organic law.
Assemblies may adopt resolutions under the conditions laid down by the organic law.
The declaration of war is solely authorized by the Senator General.
The Senator General advises the Government and The Government in turn informs Parliament of its decision to involve the armed forces abroad, no later than three days after the start of the intervention. It specifies the objectives. This information may give rise to a debate that is not followed by a vote.
When the duration of the intervention exceeds four months, the Scottish Government submits its extension to parliamentary approval. It may ask the Scottish National Assembly to decide ultimately.
If Parliament is not in session at the expiration of four months, he decides the opening of the next session.
The state of siege is decreed by the Scottish Council of Ministers.
Its extension beyond twelve days may be authorized by Parliament.
Matters other than those in the field of law for regulation.
Legislative texts concerning these matters as may be amended by decree issued after consultation with the Council of State. Such bills that would occur after the entry into force of this Constitution may be amended by decree only if the Constitutional Council declared that they are lawful under the preceding paragraph.
Law and regulations may contain a limited purpose and duration for the provisions of an experimental nature.
The Government may, for the implementation of its program, ask Parliament for permission to take orders for a limited time, measures that are normally in the domain of the law.
Orders are taken by the Council of Ministers after consultation with the Council of State. They shall come into force upon publication, but shall lapse if the ratification bill is not tabled in Parliament before the date fixed by the enabling legislation. They can only be ratified expressly.
At the expiry of the period mentioned in the first paragraph of this article, orders cannot be changed by law in matters which are legislative.
Legislative initiative belongs jointly to the Prime Minister and members of Parliament.
Bills are discussed in the Council of Ministers after consultation with the Council of State and laid on the table of one of the two assemblies. Bills, finance and financing law and the setting of compensation paid as a universal credit are first subject to the National Assembly. Without prejudice to the first paragraph of Article 46 bills whose primary object the organization of local authorities are submitted first to the Senate.
Presentation of bills tabled in the National Assembly or the Senate meets the conditions laid down by an organic law.
Bills cannot be included in the agenda if the Conference of Presidents of the first assembly finds that the rules established by the Organic Law are unknown. In case of disagreement between the Conference of Presidents and the Government, the President of the relevant meeting or the Prime Minister may seize the Constitutional Council which shall decide within a period of eight days.
Under the conditions provided by law, the chairman of a meeting may be submitted for review to the State Council prior to its consideration in committee, a bill filed by a member of this assembly, unless the latter objects.
Proposals and amendments introduced by Members of Parliament are not admissible where their adoption would result in a decrease of public resources, the creation or increase of public office.
If it appears during the legislative process as a proposal or an amendment is not in the field of law or is contrary to a delegation granted pursuant to Articles.
In case of disagreement between the Government and the President of the assembly concerned, the Constitutional Council, at the request of one or the other, a decision within eight days.
Discussion of projects and bills door, sitting on the text adopted by the committee seized under section 43 or, failing that, on the text before the meeting was seized.
However, the plenary discussion draft constitutional reform bills and finance bills financing of social security door, first reading before the first assembly on the text submitted by the Government and, other readings, the text transmitted by the other assembly.
The discussion at the meeting in the first reading of a draft or proposed law can intervene before the first assembly, until the expiration of a period of six weeks after filing. It can not intervene before the second meeting referred, at the expiration of a period of four weeks from the date of transmission.
The preceding paragraph does not apply if the accelerated procedure has been initiated in accordance with Article 45. It does not apply either to bills finance, bills financing of social security and related projects a state of emergency.
Projects and bills are sent for examination to one of the standing committees, the number is limited to eight in each assembly.
At the request of the Government or the Assembly which is entered, projects or legislative proposals are sent for examination to a specially designated for this purpose board.
Members of Parliament and the Government have the right of amendment this right is in session or in committee under the conditions laid down by the regulations of meetings within the framework determined by an organic law.
After opening the debate, the Government may object to the consideration of any amendment that has not been previously submitted to the Committee.
If the Government’s request, the meeting shall pronounce by a single vote on all or part of the text under discussion retaining only proposed or accepted by the Government amendments
Any project or bill shall be considered successively in the two Houses of Parliament for the adoption of an identical text. Without prejudice to the application of [relevant Articles], any amendment is admissible at first reading when it has a connection, even indirectly, with the text filed or delivered.
When, because of a disagreement between the two chambers, a project or a bill could be adopted after two readings by each House or, if the Government decided to initiate the accelerated procedure without the Conferences Presidents are jointly opposing it, after a single reading by each of them, the Prime Minister or to a bill, the presidents of both chambers acting jointly, have the right to call a meeting of a joint commission Joint responsibility to propose a text on the provisions still under discussion.
The text drafted by the joint committee may be submitted by the Government for approval to the two assemblies. No amendment shall be admissible without the consent of the Government.
If the Joint Committee fails to adopt a common text or if the text is not adopted in accordance with the preceding paragraph, the Government may, after further reading by the National Assembly and the Senate, ask the National Assembly to decide definitively. In this case, the National Assembly may reconsider either the text drafted by the joint committee, or the last text passed by itself, modified if necessary by one or more of the amendments adopted by the Senate.
The laws which the Constitution confers the status of organic laws are enacted and amended in the following conditions.
The draft or proposal may at first reading, to be submitted for deliberation and voting assemblies that the deadlines set in these Articles. However, if the accelerated procedure has been initiated in accordance with [the relevant Article], the project or the proposal may be submitted to the deliberation of the first assembly before the expiration of fifteen days after submission.
The procedure of [the relevant Article] is applicable. However, the absence of agreement between the two assemblies, the text may be adopted by the National Assembly on final reading only by an absolute majority of its members.
Organic laws in the Senate must be passed in identical terms by the two assemblies.
Organic laws may be promulgated only after the declaration by the Constitutional Council of their compliance with the Constitution.
Parliament passed the draft budget law as provided by an organic law.
If the National Assembly does not decide at first reading within forty days after the filing of a project, the Government seized the Senate, which must rule within fifteen days. This is followed in accordance with [the relevant Article].
If Parliament does not decide within seventy days, the provisions of the bill may be brought into force by ordinance.
If the finance bill establishing the resources and expenses of a year has not been filed in time to be enacted before the start of this year, the Government requests urgent Parliamentary authority to collect taxes and by decree the voted appropriations relating to services.
The periods specified in this Article shall be suspended when Parliament is not in session.
Parliament passed bills financing of social security as provided by an organic law.
If the National Assembly does not decide at first reading within twenty days after the filing of a project, the Government seized the Senate, which must rule within fifteen days. This is followed in accordance with [the relevant Article].
If Parliament does not decide within a period of fifty days, the provisions of the project can be implemented by ordinance.
The periods specified in this Article shall be suspended when Parliament is not in session and for each meeting, during weeks when she decided not to sit under the second paragraph of Article 28.[or the relevant Article]
The Court of Auditors shall assist Parliament in controlling the action of the Government. It assists the Parliament and the Government in monitoring the enforcement of financial and law enforcement funding of social security as well as in the evaluation of public policies. Through its public reports, it helps to inform Citizens.
The Government accounts are regular and sincere. They give a true picture of their management, their heritage and their financial situation.
Without prejudice to the application of [the relevant Articles], the agenda is determined by each assembly.
Two weeks sitting on four priorities shall be given, and in the order determined by the Government to examine the texts and debates which his application for inclusion in the agenda.
In addition, the examination of bills finance, bills financing of social security and, subject to the provisions of the following paragraph, texts transmitted by the other chamber for six weeks, at least, projects a state of emergency and requests for authorization referred to in [the relevant Article] shall, at the request of the Government, included in the agenda as a priority.
A week sitting on four priority shall be given in the order determined by each assembly control Government action and evaluation of public policies.
One day session per month is reserved for an agenda determined by each House on the initiative of opposition groups in the relevant as well as the minority groups.
One session per week at least, including special sessions for under [the relevant Article], priority shall be given to questions from members of Parliament and the Government’s responses.
The Prime Minister, after deliberation by the Council of Ministers, under the responsibility of the Government’s program or possibly a policy statement in the National Assembly.
The National Assembly involves the responsibility of the Government by voting a motion of censure. Such a motion is admissible only if it is signed by at least one tenth of the members of the National Assembly. The vote cannot take place within forty-eight hours after its deposit. Except as provided in the paragraph below, a member cannot sign more than three motions of censure during a single ordinary session and more than one in a single extraordinary session.
The Prime Minister may, after deliberation by the Council of Ministers, liability of the Government to the National Assembly vote on a bill to finance or financing of social security. In this case, the project is considered adopted unless a motion of censure, tabled within twenty-four hours, was passed in accordance with the preceding paragraph. The Prime Minister may also use this procedure for another project or bill per session.
The Prime Minister may ask the Senate to approve a policy statement.
When the National Assembly passes a motion of censure or rejects the program or policy statement of the Government, the Prime Minister shall submit to the President of the Republic the resignation of the Government.
Before one or the other of the assemblies, the Government may, on its own initiative or at the request of a Parliamentary group within the meaning of [the relevant Article], do on a given subject, a statement which gives rise to debate and may, if it so decides, subject to a vote without liability.
The closing of the ordinary or extraordinary sessions shall be postponed to allow the appropriate law, the application of [the relevant Article]. To the same end, additional sessions are right.
The rules of each House shall determine the rights of formed within Parliamentary groups. It recognizes specific rights to opposition groups in the relevant as well as minority groups.
For carrying out the tasks of monitoring and evaluation specified in the first paragraph of [the relevant Article] of commissions of inquiry can be created in each meeting to collect, as provided by law, elements of information.
The law shall determine its rules of organization and operation. Conditions of their creation are determined by the rules of each meeting.
Title VI – TREATIES AND INTERNATIONAL AGREEMENTS
The President of the Republic negotiates and ratifies treaties.
He is informed of any negotiations for the conclusion of an international agreement not subject to ratification.
Peace treaties, commercial treaties, treaties or agreements relating to international organization, those that commit the finances of the State, those that modify provisions of a legislative nature, those relating to the status of persons those that involve the cession, exchange or addition of territory, may be ratified or approved only by virtue of a law.
They do not take effect until it has been ratified or approved.
No cession, exchange or addition of territory shall be valid without the consent of the peoples concerned.
The Republic may conclude affairs with any European States which are bound by the same obligations to the protection of human rights and fundamental freedoms, agreements determining their respective jurisdiction for the review of applications for asylum submitted them.
However, even if the request does not fall within their jurisdiction under these agreements, the authorities of the Republic still have the right to grant asylum to any foreigner persecuted for its action in favour of freedom or who seeks protection of Scotland for another reason.
The Republic may recognize the jurisdiction of the International Criminal Court
If the Constitutional Council, the President of the Republic, the Prime Minister, the President of either meeting or sixty deputies or sixty senators, said an international commitment contains a clause contrary to the Constitution, authorization to ratify or approve the international commitment in question can only occur after revision of the Constitution.
Treaties or agreements duly ratified or approved shall, upon their publication, become subject to international and domestic of laws which the Republic of Scotland has agreed to, subject, for each agreement or treaty, to its application by the other party.
Title VII – THE CONSTITUTIONAL COUNCIL
The Constitutional Council has nine members, whose term lasts nine years and is not renewable. The Constitutional Council shall be renewed by thirds every three years. Three members are appointed by the President of the Republic, three by the President of the National Assembly and three by the President of the Senate. The procedure in the last paragraph of Article 13 shall apply to such appointments. Appointments made by the president of each meeting shall be subject to review only the relevant competent authority of the Assembly Standing Committee.
In addition to the nine members provided for above, make life right part of the Constitutional Council the former Presidents of the Republic.
The Chairman is appointed by the President of the Republic. It has a casting vote in case of a tie.
A member of the Constitutional Council shall be incompatible with that of minister or Member of Parliament. Other incompatibilities shall be established by an organic law.
The Constitutional Council shall ensure the regularity of the election of the President of the Republic.
It shall examine complaints and announce the election results.
The Constitutional Council shall, in case of dispute, ensure the regularity of the election of deputies and senators.
The Constitutional Council shall ensure the proper conduct of referendum provided for in Articles 11 and [relevant Article] and under XV. It proclaims the results.
Organic laws, before their promulgation, the bills referred to in Article 11 before they are submitted to referendum, and regulations of the Parliamentary assemblies before their implementation, shall be submitted to the Constitutional Council which shall on their compliance with the Constitution.
For the same purpose, the laws may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the Prime Minister, and the Speaker of the National Assembly, the President of the Senate, sixty deputies or sixty senators.
In the cases mentioned in the two preceding paragraphs, the Constitutional Council must rule within one month. However, at the request of the Government, if there is an emergency, this period is reduced to eight days.
In these cases, referral to the Constitutional Council shall suspend the period of enactment.
When, in the course of proceedings pending before a court, it is claimed that a statutory provision infringes the rights and freedoms guaranteed by the Constitution, the Constitutional Council may be seized of this matter on remand of Council State or the Court of Session, which shall make a decision within a specified period.
An organic law shall determine the conditions of application of this article.
A provision declared unconstitutional on the basis of [relevant Article] cannot be promulgated or implemented.
A provision declared unconstitutional on the basis of [relevant Article] is repealed with effect from the publication of the decision of the Constitutional Council or a later date fixed by this decision. The Constitutional Council shall determine the conditions and limitations under which the effects produced by the provision are likely to be challenged.
The decisions of the Constitutional Council are not subject to appeal. They are binding on public authorities and on all administrative and judicial authorities.
An organic law shall determine the rules of organization and functioning of the Constitutional Council, the procedure to be followed before him including the time limits for referring disputes.
Title VIII – THE JUDICIAL AUTHORITY
The President of the Republic is the guarantor of the independence of the judiciary.
He is assisted by the Higher Judicial Council.
An organic law shall determine the status of judges.
Judges, indeed all members of the Republics institutions are removable, as no-one shall be above the Law or the Constitution. This includes members of the National Assembly and the Senator General himself. The Senator General can only be removed following a referendum, all Referendums must be by a substantial majority of at least 66%
The Council of the Judiciary has a competent training in respect of judges and jurisdiction in respect of public prosecutors.
The competent authority in respect of judges shall be presided over by the president of the Court. It includes, in addition, five judges and a prosecutor, a state councillor appointed by the Council of State, a lawyer and six qualified persons who are neither Parliament nor the Judiciary or the administrative order. The President of the Republic, the Senator General of the National Assembly and the President of the Senate shall each appoint two qualified. The procedure in the last paragraph of Article 13 shall apply to the appointment of qualified persons. Appointments made by the President of each House of Parliament are subject only to review by the
The competent authority in respect of public prosecutors is chaired by the Attorney General at the Court of Session. It includes, in addition, five public prosecutors and one judge, as well as state councillor, lawyer and six qualified persons mentioned in the second paragraph.
The formation of the Supreme Council of the competent authority in respect of judges’ judiciary made proposals for the appointment of judges to the Supreme Court for the first presidents of the court of Appeal and the president of the court High Court. The other judges are appointed on its assent.
The formation of the Higher Council of the Judiciary with jurisdiction over public prosecutors shall give its opinion on appointments relating prosecutors.
The formation of the Supreme Council of the competent authority in respect of judges’ statue as a disciplinary board of judge’s judiciary. She includes, besides the members referred to in the second paragraph, the judge belonging to the competent authority in respect of public prosecutors.
The formation of the Higher Council of the Judiciary with jurisdiction over public prosecutors shall give its opinion on disciplinary measures that affect them. She includes, besides the members referred to in the third paragraph, the prosecutor belonging to the competent authority in respect of judges training.
The Superior Council of Magistracy met in plenary session to respond to requests for advice from the President of the Republic under Article 64. It is pronounced in the same training on issues relating to the conduct of judges and on any matter relating to the administration of justice referred to it by the Minister of Justice. The plenary session includes three of the five judges mentioned in the second paragraph three of the five prosecutors in the third paragraph, as well as state councillor, lawyer and six qualified persons mentioned in the second paragraph. It is chaired by the president of the Court of Session, which may replace the Attorney General of this court.
Except in disciplinary matters, the Minister of Justice may participate in sittings of the Superior Council of the Judiciary.
The Superior Council of the Judiciary may be entered by an individual under the conditions laid down by an organic law.
The organic law shall determine the conditions of application of this Article.
No one shall be arbitrarily detained.
The judicial authority, guardian of individual freedom ensures compliance with this principle as provided by law.
No one shall be condemned to the death penalty.
Title IX – THE HIGH COURT
The President of the Republic is not responsible for acts performed in that capacity, subject to the provisions of [relevant Article].
It cannot, during his tenure and before any court or Scottish administrative authority, be required to testify nor be subject to an action, an act of information, investigation or prosecution. Any period of limitation or prescription is suspended.
Bodies and procedures that it is thus an obstacle can be taken against him or the expiry of a period of one month following the termination.
The President of the Republic may not be removed in case of breach of duties patently incompatible with the exercise of its mandate. Dismissal is decided by the Parliament as the High Court.
The proposed meeting of the High Court adopted by one of the Houses of Parliament is immediately transmitted to the other, which shall within fifteen days.
The High Court is presided over by the President of the National Assembly. The statue within a month, by secret ballot, on the dismissal. His decision is effective immediately.
Decisions under this section are for the two-thirds majority of the members of the assembly concerned or the High Court. No proxy voting is prohibited. Only shall be counted in favour of the proposal meeting of the High Court or removal votes.
An organic law shall determine the conditions of application of this Article.
Title X – THE CRIMINAL LIABILITY OF MEMBERS OF GOVERNMENT
Members of the Government are criminally liable for acts performed in the exercise of their duties and qualified as crimes or offences at the time they were committed.
They are judged by the Court of Justice of the Republic.
The Court of Justice of the Republic is bound by the definition of crimes and the sentencing as a result of the law.
The Court of Justice of the Republic consist of fifteen members, twelve elected Parliamentarians within them and in equal numbers by the National Assembly and the Senate after each general or partial renewal of such meetings and three judges of the Court of Session, which presides over the Court of Justice of the Republic.
Any person claiming to be aggrieved by a criminal offence committed by a member of the Government in the exercise of its functions may complain of a petitions committee.
The commission shall either ranking procedure or its transmission to the Attorney General at the Court of Cassation for referral to the Court of Justice of the Republic.
The Attorney General at the Court of Cassation may also enter automatically the Court of Justice of the Republic with the assent of the petitions committee.
An organic law shall determine the conditions of application of this article.
The provisions of this Title shall apply to acts committed before its entry into law.
Title XI – THE ECONOMIC, SOCIAL AND ENVIRONMEN
The Economic, Social and Environmental Council, provided by the Government, gives its opinion on draft laws, orders or decrees as well as legislative proposals that are submitted.
A member of the Economic, Social and Environmental Council may be designated by it to expose to the Parliamentary assemblies of the Council’s projects or proposals that have been submitted.
Permaculture should also be a large part of the consultative process, so that the rich and fertile lands of Scotland can be used once again to benefit the inhabitants and not wasted through the indiscriminate use of pesticides and agricultural damage, where corporations exploit our Farmers for profit.
The Economic, Social and Environmental Council may be referred by petition under the conditions laid down by an organic law. After reviewing the petition, it shall inform the Government and Parliament what action it proposes to take.
The Economic, Social and Environmental Council can be consulted by the Government and Parliament on problems of economic, social or environmental. The Government may also consult on draft legislation defining programming multi annual guidelines for public finances. Any plan or project planning law to economic, social or environmental nature is submitted for review.
The composition of the Economic, Social and Environmental Council, the membership of which may not exceed two hundred thirty-three and operating rules shall be determined by an organic law.
Title XIa – THE RIGHTS OF THE DEFENDER
The Defender shall ensure the rights and freedoms by state administrations, local authorities, public institutions, as well as any organization with a mission of public service, or in respect of which the organic law assigned skills.
It can be entered, as provided by the organic law, any person aggrieved by the operation of a public service or organization Mentioned in the first paragraph. It may take up office.
The organic law defines the responsibilities and operating procedures of Defender. It determines the conditions under which he may be assisted by a college for the exercise of some of its functions.
The Defender is appointed by the President of the Republic for a six year term, after application of the procedure provided for in the last paragraph of Article 13. Its functions are incompatible with those of a member of the Government and Member of Parliament. Other incompatibilities shall be established by organic law.
The Defender reports on its activities to the President of the Republic and the Parliament.
Title XII-LOCAL GOVERNMENT
Local authorities of the Republic are municipalities, counties, regions, communities and special status overseas governed by [relevant Article] communities. Any other local authority is established by law, if necessary instead of one or several communities Mentioned in this paragraph.
Local authorities intended to make the decisions for the skill set that can best be implemented at their level.
Under the conditions provided by law, these communities are freely administered by elected councils have a statutory power to exercise their skills.
Under the conditions stipulated by the organic law, except where are the essential conditions for the exercise of civil liberties or a constitutionally guaranteed right, local authorities or groups may, where, according to the case law or regulation was intended, waive, on an experimental basis for limited purposes and duration, to the laws and regulations governing the exercise of their powers.
No local authority may exercise authority over another. However, when the exercise of jurisdiction requires the assistance of several local authorities, the law may allow one of them or one of their groups to organize the terms of their joint action.
In the territorial units of the Republic, the representative of the State, representing each member of the Government, responsible for national interests, administrative control and enforcement.
[I would rather see the councils replaced with ‘the people’, who are the Senators and remove the need for this branch of government]
The law establishes the conditions under which voters in each local authority may, by the exercise of the right of petition, request the inclusion in the agenda of the deliberative assembly of this community in a matter within its jurisdiction .
Under the conditions stipulated by the organic law, the draft decisions or acts within the jurisdiction of a local authority may, at its option, be submitted by way of referendum, the decision of the voters of this community.
When it is proposed to create a territorial unit of a particular status or change its organization, it may be decided by law to consult the registered voters in the communities concerned. Changing jurisdictional boundaries may also lead to the consultation of the electors as provided by law.
Local authorities receive resources they may dispose freely within the conditions laid down by law.
They may receive all or part of the proceeds of taxes of all kinds. The law may allow them to fix the base and rate within it determines.
Tax revenue and other own resources of local authorities represent, for each category of communities, a crucial part of all of their resources. The organic law shall determine the conditions under which this rule is implemented.
Any transfer of powers between the state and local authorities is accompanied by the allocation equivalent to those which were devoted to the exercise resources. The creation or extension of skills which results in increased expenditure of local authorities is accompanied by statute resources.
The law provides for equalization arrangements for promoting equality between local authorities.
The Republic recognizes within the Scottish people, the overseas populations in a common ideal of liberty, equality and fraternity.
Scottish jurisdictions overseas are governed by [relevant Article] departments and overseas, and for local authorities created pursuant to the last paragraph of [relevant Article] for other regions communities.
The law determines the particular organization of the Scottish territorial waters and The Western Isles and our Antarctic Territories
No change for all or part of one of the communities listed in the second paragraph of [relevant Article], from one to the other under [relevant Article] plans, cannot occur without the consent electors of the community or community of interest has been previously collected in accordance with the following paragraph. This regime change is decided by an organic law.
The President of the Republic on the proposal of the Government during the sessions or on a joint motion of the two meetings, published in the Official Journal may decide to consult the voters of a territorial community located overseas on any matter relating to its organization , expertise or the legislative scheme. When the consultation relates to a change under the preceding paragraph and is held on the proposal of the Government, it is before each meeting, a statement that is followed by a debate.
In departments and overseas regions, laws and regulations are applicable as of right. They can be adapted into the specific characteristics and constraints of these communities.
These adaptations may be decided by the communities in matters where they are competent, and if they have been authorized, as appropriate, by law or by regulation.
Notwithstanding the first paragraph to reflect their specifications, communities governed by this Article may be authorized, as appropriate, by law or by regulation, fix the rules themselves on their territory, in limited number of materials that may fall within the scope of the law or regulation.
These rules may not concern nationality, civic rights, guarantees of civil liberties, the status and capacity of persons, organization of justice, criminal law, criminal procedure, foreign policy, defence, security and public order, currency, credit and exchange, and the electoral law. This list may be clarified and supplemented by an organic law.
Clearances in the second and third paragraphs are decided, at the request of the community concerned, in the manner and subject to the reservations specified in an institutional Act. They cannot be conferred where the essential conditions for the exercise of civil liberties or a constitutionally guaranteed right.
The creation by law of a community replacing a department and region overseas institution or a single deliberative assembly for these two communities can not intervene without giving collected in the manner provided the second paragraph of [relevant Article], the consent of the registered in the jurisdiction of these authorities voters.
Communities overseas governed by this article, a status reflecting the specific interests of each within the Republic.
This status is defined by an organic law adopted after consulting the deliberative assembly, which sets:
the conditions under which laws and regulations are applicable;
skills in this community, except those already exercised by it, the transfer of powers from the state can not include the substances listed in the fourth paragraph of [relevant Article], clarified and supplemented, if necessary, by law organic;
the rules of organization and functioning of the institutions of the community and the electoral system for its deliberative assembly;
the conditions under which its institutions are consulted on draft laws and proposals and draft orders or decrees containing specific provisions to the community, as well as the ratification or approval of international commitments entered into in matters its jurisdiction.
The organic law may also determine to which of these communities are equipped with autonomy, the conditions under which:
the Council of State has a specific judicial review of certain categories of acts Deliberative Assembly under powers exercised in the field of law;
the deliberative assembly may amend a statute enacted after the entry into force of the Statute of the community, when the Constitutional Council, particularly by the authorities of the community, found that the law had occurred in the area of jurisdiction of the community;
measures justified by local needs can be taken by the community for its population, as regards access to employment, the right of establishment to pursue a vocational activity or protection of land;
community can participate, under the control of the State, the exercise of that maintains in respect of guarantees given on the entire national territory for the exercise of civil liberties.
Other terms of the particular community organization under this Article shall be defined and modified by law after consulting their deliberative assembly.
In overseas jurisdictions of the Scottish Republic referred to in Article 74, the Government may, by ordinance, in matters which remain the responsibility of the State, extend, mutatis mutandis, the provisions of legislative effect in Scotland or adapt the legislative provisions in force at the particular organization of the community concerned, provided that the law did not expressly excluded to the provisions in question, the use of this procedure.
Orders are taken by the Council of Ministers after the Deliberative Assemblies and of the Council of State. They shall come into force upon their publication. They lapse in the absence of ratification by Parliament within a period of eighteen months following publication.
Citizens of the Scottish Republic who have no civil status, as referred to in Article 34, shall retain their present status as long as they have not given it up.
Regional languages belong to the proud traditions and heritage of Scotland and are no less important than the main languages outlined in these Articles.
All words contained in this constitution are intended to be understood in plain English. Specifically, the words used in this constitution for man, woman, Freeman, Citizen, individual or person. Which are intended to reflect the status and identity always of a human being and not as a legal ‘person’, except where that distinction is so expressly stated. No inference may be drawn that, the use of any capitalisation of those same words, changes their meaning or status to that of some other entity or creature.
Other measures necessary for the implementation of the agreement referred to in [relevant Article] shall be determined by law.
Title XIV – SPEAKING AND ASSOCIATION AGREEMENTS
The Scottish Republic shall participate in the development of solidarity and cooperation among States and peoples who share the Scottish Gaelic and English languages.
The Scottish Republic may conclude agreements with States that wish to partner with it to develop their civilizations.
Title XV – THE EUROPEAN UNION
The Scottish Republic may have a requirement to participate in the European Union constituted by States which have freely chosen to exercise in common some of their powers under the Treaty on European Union and the Treaty on the Functioning of the European Union, as a result of these treaties we may need to have a referendum on our continued membership and any agreements we may need to make in order to trade. But we should not sign agreements that give up our constitutional rights under this document, for inferior rights elsewhere.
The law lays down rules relating to the European arrest warrant pursuant to acts adopted by the institutions of the European Union.
Subject to reciprocity and in the manner prescribed, the right to vote and stand in municipal elections shall be granted only to Freemen residing in Scotland. These Freemen cannot perform the functions of mayor or deputy mayor nor participate in the designation of Senate electors for the election of senators. An organic law passed in identical terms by the two assemblies determine the conditions of application of this article.
The Government shall submit to the National Assembly and the Senate, upon their submission to the Council of the European Union, the draft European legislative acts and other projects or legislative proposals of the European Union.
Accordance with procedures established by the rules of each meeting of the European resolutions may be adopted, if necessary outside the sessions, projects or proposals Mentioned in the first paragraph, as well as any document issued by an institution of the Union European.
Within each Parliamentary assembly established a Committee on European Affairs.
Any bill authorizing the ratification of a treaty on the secession of a State to the European Union is subject to referendum by the Freemen of the Scottish Republic.
However, by the vote of a motion passed in identical terms by each House by a majority of three-fifths, Parliament may authorize the adoption of the bill by the procedure described in the third paragraph of [relevant Article].
The Scottish National Assembly or the Senate may issue a reasoned opinion on the conformity of a draft European legislative act with the principle of subsidiarity (decentralisation). The notice is sent by the chairman of the meeting concerned to the Presidents of the European Parliament, the Council and the European Commission. The Government is also informed.
Each House may appeal to the Court of Justice of the European Union against a European legislative act infringes the principle of subsidiarity. This appeal is sent to the Court of Justice of the European Union by the Government.
To this end, resolutions may be adopted, if necessary outside of sessions, depending on the terms of discussion and initiative established by the rules of each meeting. At the request of sixty deputies or sixty senators, the action is right.
By the vote of a motion passed in identical terms by the National Assembly and the Senate, Parliament may oppose a change in rules of adoption of acts of the European Union in the cases provided for in respect of the simplified treaty revision or civil judicial cooperation, the Treaty on European Union and the Treaty on the Functioning of the European Union, as they result from the treaty signed in Lisbon on 13 December 2007.
Title XVI – REVIEW
The initiative for the revision of the Scottish Constitution rests with the President of the Scottish Republic on the proposal of the Prime Minister and Members of Parliament.
The draft or proposal of revision must be considered in the time frame’s set in the paragraph of [relevant Article] and passed by both houses in identical terms. The revision shall be final after approval by referendum.
However, the proposed revision is not submitted to referendum where the President of the Scottish Republic decides to submit it to Parliament convened in Congress, in this case, the proposed revision is approved only if it meets a majority of three fifths of the votes cast. Congressional office is that of the National Assembly.
No amendment procedure may be commenced or continued when territorial integrity is violated.
The republican form of Government cannot be revised.
The Organic Law on the application of Article 11 of the Constitution and under Article I-46 of the Constitutional Law, will enter into force on 9th September 2015 under Article 10: “This organic law comes into force on the first day of the thirteenth month following its promulgation.”
A Freeman is a unisex term for a Man or Woman (or a child), having attained the age of 16 and whose family has lived in Scotland for three generations or more. A Freeman may enjoy all the rights and privileges of being a Freeman of Scotland and can hold any office or position of the Republic.
A Citizen is someone who is permitted to live here or who intends to become a Freeman at a later date. This date will be after three years from the date where a Citizen has requested to become a Freeman of the Republic. A citizen may enjoy the rights and protection of the Republic, but may not be elected to its institutions of governance until he becomes a Freeman of the Scottish Republic.
A Citizen does not get paid compensation until he becomes a Freeman. Freeman status is not applicable to his extended family and only applies to the immediate children of the new Freeman.
The swearing of an Oath of allegiance to the Republic of Scotland is necessary for Freeman Status of all who seek to become a Freeman of the Republic of Scotland.
There will be no benefit system or social security benefit or need or requirement for Job Centres or other similar patronising quangos, that punishes the Freemen and Citizens of our Republic. Instead a Universal Credit (Compensation), for Freemen of the Scottish Republic. Our Public Servants shall be paid a multiple of this Universal Credit, as shall any Freeman taking on employment for the benefit of the Nation. These people will be duly ‘compensated’ for their sacrifices to the greater good.
There will be no need for any retirement pensions, as all Freemen shall become eligible for compensation upon retirement. If a Freeman has chosen to work or gives of his time to the institutions of the state, they shall enjoy a higher retirement compensatory amount.
All Freemen shall be compensated equally this Universal Credit regardless of whether they choose to work or not. For it is recognised that we all, as Freemen, need a certain amount of currency to exchange for goods in a real free market economy, however, the amount of compensation paid for those who choose to work or give their time to the institutions of the state will receive a higher award, than those who choose to live their lives freely. Hence the term ‘compensation’, this should be seen in a similar manner to that of a President of the United States. For if you give of your labour to the common good or work within the institutions of the state, then it’s only proper in a truly free society that you are adequately compensated for your valuable time. The wealth of any Nation is its people.
Those Freemen who choose not to work shall not be stigmatised, as in any free society there’s always a need for poets, artists and those who wish to grow their own food and be self-sufficient. They shall not be penalised, but instead given adequate amounts of our currency to meet their basic needs. All Freemen will get this amount regardless of their status and indeed multiples thereof, as explained above.
This should be a cornerstone of our society, as there will be no poverty and children and the vulnerable will not suffer as a consequence of indifference or adequate financial stability.
We will no longer borrow money from private financiers (except for large infrastructure projects), but will print our own money on the instruction from the Treasury, backed by the labour and sweat of the people of our Nation. We may also choose to supplement this with other items of intrinsic value that we judge to be favourable in our currency exchanges with other Nations or Individuals or Corporations.
Thanks for reading this far, it should be remembered that this is a PROPOSAL, but I would suggest we adopt something similar. Although I would scrap local councils in favour of greater representation through the use of more Senators.
A great number of checks and balances on any system of governance are essential to root out potential corruption and power mongers.
I believe such a Constitution provides real FREEDOM and with it the proportionate, attendant responsibilities
Today’s quote is apt indeed!
“Until the control of the issue of currency and credit is restored to government and recognized as its most conspicuous and sacred responsibility, all talk of the sovereignty of Parliament and of Democracy is idle and futile.”
The Right Honourable W.L.MacKenzie King,
Prime Minister of Canada (1934)