ATVOD: A Major Risk To Freedom of Speech on the Internet

ATVOD: A Major Risk To Freedom of Speech on the Internet

I received this letter from a regular contributor and felt the content was so important that I’ve decided to circulate it to all 3,016 Free The People members and on my Twitter account, which has over 300 followers, as this is a serious threat to free speech. Please circulate to everyone YOU know. Thanks.

The UK government has finally moved to directly regulate Youtube content and internet freedom of speech.

On the 2nd February 2014, the UK Column received a letter from ATVOD, the Authority for Television On Demand. ATVOD is a subsidiary of Ofcom, the UK government’s communications regulator. The ATVOD letter gave notice to the UK Column that as the result of a Statutory Instrument amendment to the 2003 Communications Act, the UK Column was required to notify ATVOD that it was running “an on demand programme service”, to pay a fee, and to submit to regulation.

ATVOD mainly chooses organisations to regulate based upon whether or not they are perceived to produce “television-like programmes”. In several television conversations between the UK Column and ATVOD, an ATVOD representative admitted that there is no fixed standard for what constitutes “television-like” video content, and that their determinations are made on purely arbitrary opinion.

When asked by the House of Lords Select Committee on Communications Inquiry on Media Convergence and Its Public Policy Impact on the 5th February 2013 if “[ATVOD] had trouble defining [television-like services], Ruth Evans Chairman of ATVOD replied, ”yes. It is an evolving art.”

It is on the basis of the “evolving art” statement that ATVOD’s claims of a “light regulatory burden” should be seen. At present ATVOD claims to exist in order to prevent harmful material becoming available to children and to prevent hate speech. It is clear, though, that anyone submitting to the current “light regulatory framework” joins a fluid and evolving regulatory framework with potentially draconian financial penalties. The penalties allowed for through the Communications Act 2003 amount to 5% of the regulated organisation’s turnover or £250,000, whichever is the greater amount.

Following discussion with ATVOD, the UK Column made the decision that ATVOD’s requirements would be detrimental to our freedom of speech and expression on the internet, and we would not submit to regulation by ATVOD.

ATVOD subsequently issued an “enforcement notice” giving the UK Column ten working days to comply with their demands. Having carefully considered our options, we decided to cease the activity which ATVOD describes as an “on demand television service”, and removed all UK Column video on demand content from the internet.

UK Column co-editor Brian Gerrish says, “this represents an immediate and dangerous attack on free speech on the internet and should be of massive concern to all Youtube users, as the government seems to be moving to censor individuals directly, putting them on the same regulatory footing as global corporations like the BBC and CNN. As a government agency, ATVOD’s clearly flawed working practices and their alignment to the corporate media pose a direct threat to our personal liberty and freedoms.”

UK Column co-editor Mike Robinson says, “it used to be that to produce high quality ‘studio based’ video content, the financial barrier to entry was very high. Today, with ‘television studios in a box’ costing as little as a few hundred pounds, ATVOD seems to be attempting to extend its remit to even the “one man band” producer operating out of his bedroom. This is a dangerous road to tread.”

For editors:

Further detail can be found here: https://www.youtube.com/watch?v=p0zP0ATo15w

The UKColumn is a self funded voluntary community news organisation receiving no commercial advertising or sponsorship. It particularly focuses on the exposure of fraud, corruption and crime within the UK’s political and banking arena, and the interwoven stealing, trafficking and abuse of children facilitated by paedophiles at the highest level of the political and establishment society. UKColumn has been fearless in exposing the subversive activity of the political charity Common Purpose, the BBC and other major mainstream media, and has led publicity of several unique cases of child stealing and abuse by the British State. Working alongside the British Constitution Group, the UK Column has also continued to track and expose the wider subversive Westminster attack on the British Constitution and Bill of Rights – two vital foundation stones of our freedoms and liberties. UK Column has also been at the forefront of the campaign to reinstate the Bradbury Pound as our debt free national currency.

The UK Column’s Brian Gerrish and Mike Robinson can be contacted by telephone on +44 1752 478050, or by email at editor@ukcolumn.org

ATVOD is the independent co-regulator for the editorial content of UK video on demand services that fall within the new statutory definition of On Demand Programme Services.

Scotland’s True Monarch

Scotland’s True Monarch

Many of you will be aware that I had intended to present my Written Scottish Constitution and my Scottish Declaration of Independence to a member of the Scottish Royal Family, indeed, I was hoping to present it to the person I believed to be the rightful Heir to the Scottish Throne on the 700th Anniversary of the Battle of Bannockburn, which would’ve been the 23rd and 24th of June 2014 (next week). However, there’s much confusion over which of my two leading contenders (if indeed any), had the strongest claim. However, I finally found the Royal with the strongest claim and she is no other a Royal personage than Sophie Elizabeth Marie Gabrielle von Wittelsbach. She is the eldest daughter of Duke Max in Bavaria and his wife, Countess Elizabeth Douglas. From her birth Sophie has been recognised by the Jacobites as a “Princess of England, Scotland, France and Ireland”. She used the title “Duchess in Bavaria”, but also bore the title “Princess of Bavaria”.

Hereditary Princess Sophie with her husband Hereditary  Prince Alois (above) and the whole Royal Family (below)

Sophie and her family

Prince Alois is presently the Hereditary Prince of Liechtenstein, and eldest son of Hans-Adam II, the Reigning Prince of Liechtenstein and of his wife, Countess Marie Kinsky. After their marriage, Sophie and Alois apparently lived in London where Alois worked for a firm of chartered accountants. Learn more about them HERE and HERE and see where the Family Tree gives them a claim to the Scottish (and English!) Throne HERE You might prefer to read an Daily Express piece on them HERE

This came as a bit of a (pleasant), surprise, but came too late for me to arrange my publicity stunt! This was to be a presentation to the Royal that may have ascended the throne of Scotland in the event of us achieving Independence and the Scottish People choosing a Constitutional Monarchy.

I cannot now do this in all consciousness, as I no longer believe that the Royal Lineage that I once held to be true, is accurate. The original claims may yet prove to be of some merit, but I doubt at least one of them now and my latest research supports the broad consensus of academic opinion in favour of Princess Sophie.

I will send her my Written Scottish Constitution and my Scottish Declaration of Independence, on behalf of the Scottish People in any case, so that she gets it on the Anniversary of the Battle of Bannockburn, with an accompanying note asking her to take her place amongst us as our Monarch and Head of State, which I’ll then print in full here and also video it being sent to her.

More on the potential Royal Family of Scotland soon!

Another image of Princess Sophie (more suitably dressed for our weather!), above.

My end quote for today:

“And for the support of this declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.”
― Thomas Jefferson

The Common Law Right to Travel in detail

The Common Law Right to Travel in detail

Many people asked me NOT to write this, however I’ve come to the opinion that it’s time this issue was examined in detail and the case law you’ll need, should you get into trouble exercising your ‘Right To Travel’, more fully explained.

Some of this information is readily available elsewhere, but the court cases the information was lifted from is not there, as often this kind of information is pushed around the internet without any real examination of the facts. To that end I’ve taken it upon myself to elaborate further and show you where you can find a wealth (literally!) of legal information for FREE.

Many people will have seen various videos on YouTube and elsewhere, regarding this issue. But precious few will have explained to you where you can get the ‘legal’ information you might need, especially if you want to avoid some time courtesy of Her Majesty’s Bed and Breakfast establishment’s scattered around the country!

I was influenced a very long time ago, by stories then circulating amongst friends of mine in the USA, about Charlie Sprinkle. More on Charlie can be found on my blog HERE Charlie has, sadly, passed away since I wrote that piece and I now feel I owe him a debt of gratitude for reminding me that, it’s often humble people from ordinary backgrounds that can affect the greatest change. So this article is inspired by Charlie Sprinkle.

Now, although this is dedicated to that great Californian champion, this article is aimed squarely at those people residing in the UK. Although, you can cite case law in a defence (and academic opinion) from almost anywhere.

The sources used for this piece include:-

bailii.org (British and Irish Legal Information Institute, a reference for many solicitors and law professionals in the UK), look up case law from almost anywhere in the world. Open to use by members of the public FREE.

legislation.gov.uk (the Governments’ own web site covering legal the full content of ‘statutes’ and ‘Acts’), covers legislation for Scotland, England, Ireland and Wales. Also FREE to use and extremely useful. I use it almost daily.

Halsburys Laws of England is another essential component in our quest for TRUTH, curently edited by Baron Mackay of Clashfern a Scot.

I urge you always to do your own research and the best place to start is by searching the database of Halsbury’s Laws of England here http://lexisweb.co.uk/guides/sources/halsbury-s-laws-of-england

The House of Lords, the UK parliament web site and many other sources (including YouTube) are useful too and these formed part of my overall research.

I will give you the exact case law, which you can then verify for yourselves that what I’ve put here is truthful.

Charlie Sprinkle’s entire court action is also available on-line, should my American friends wish to step-by-step follow his example, which is truly remarkable. See my earlier piece on Charlie and watch some videos of Charlie describing the process he used  HERE

Firstly, the case law you need to to study (in date order), are these:-

R v Donovan [1934] 2 KB 498 at 507, [1934] All ER Rep 207 at 210. In delivering the judgement of the Court of Criminal Appeal Swift J, said:-

“If an act is unlawful in the sense of being in itself a criminal act, it is plain that it cannot be rendered lawful because the person to whose detriment it is done consents to it. No person can license another to commit a crime.”

Justice Swift is telling us that, driving without government documents such as licences, MOT’s etc., cannot be ‘of itself criminal’, as the government licences these acts and therefore they cannot be criminal.

This is still a leading case, as can be seen from this document which can be found on The House of Lords’ website:

 http://www.commonlii.org/in/journals/NLUDLRS/2011/8.pdf

Ex parte Lewis (1888) 21 Q.B.D. 191 Wills J. said in regard to public right of passage:-

“The only ‘dedication’ in the legal sense that we are aware of is that of a public right of passage, of which the legal description is a ‘right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and re-pass without let or hindrance.’ ”

 

This makes the point that you can travel freely and that you can pass without ‘let’ (to hinder or stand in the way of)  or ‘hindrance’ (obstruction). The phrase ‘without let or hindrance’, meaning, without impediment, something that is free to progress.

Read the whole piece in the context of the case at the House of Lords: http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm

It’s often interesting to look up some of the other case law cited in a judgement too.

DPP v. Jones and Another [1999] Lord Irvine LC

“The law should not make unlawful what is commonplace and well accepted.”

Lord Irvine makes the point that, one day you were a farmer with a shotgun, the next you’re a criminal because you don’t have a license for it. (a license has been required since 1962). See http://www.legislation.gov.uk/ukpga/1968/27

See this UK Parliament (House of Lords) document here for a full transcript of the case: http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm

Interestingly, this article coincided with the News that, Khat is to become illegal in this country too (at the time of writing), so those people who have it in their possession from next week will become criminals!

These cases help our understanding of and help to define the ‘common law right to travel’ argument in the legal realm.

So there you have it, I hope that helps many people, including the Police and other law professionals themselves, as I’m sure many of then would rather be chasing/prosecuting real criminals.

Another common concern amongst many of you seems to be whether Solicitors act for you or the Courts… well this should help focus that argument and dispel another myth or two.

In the famous case of Batchelor -v- Pattison & Mackersy (1876) 3R914 which establishes that solicitors are officers of the court and owe the court various duties which can transcend duties owed to a client but generally when a counsel is employed the solicitor is bound to follow his instructions. In England the Rondel -v- Worley 1969 AC191 case established that solicitors “should not blindly follow counsel”.

This obviously has implications for questions of negligence when they arise in the context of the conduct of hearings. In the above case the client decided to sue his former solicitor in relation to his conduct of the trial claiming that his solicitor had been negligent. He advanced a human rights argument that he had been denied a fair trial because of negligence and claimed a miscarriage of justice had resulted. He did not aver that he would have been acquitted but for this negligence.

So there you have it, two myths dispelled for the price of one!

Many books on aspects of Law cost well over a £1,000 including Greens Litigation Styles and indeed ‘Halsbury’s Laws of England’ which costs a not inconsiderable sum of £10,100 for the latest 5th edition (at time of writing), yes, you read that correctly! See HERE. Yet we’re told that ignorance of the law is NO DEFENCE! How can we possibly understand the law when it’s prohibitively expensive to buy such books and they’re not available in my (or your), local library for the same reason? Of course this is a deliberate attempt to keep you in that state of ‘ignorance’, so that administrative courts can unlawfully steal your debt money.

By the way Lord Halsbury was a very interesting man and I’ll finish by quoting a piece from that excellent (though expensive!) work that bears his name:-

 “It is a constitutional principle that the assent of the Queen & Parliament is prerequisite to the establishment of a Court which can operate a system of administrative law in Her Majesty’s Courts in England. This was confirmed by Lord Denning during the debates on the European Communities Amendment Bill, HL Deb 08 October 1986 vol 480 cc246-95 246 at 250: “There is our judicial system deriving from the Crown as the source and fountain of justice. No court can be set up in England, no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights.”

 

So, even if you do get dragged to court over ‘alleged’  council tax, parking fines etc., you now know that administrative courts are unconstitutional and have no constitutional authority derived from parliament. They’re businesses, pure and simple. Don’t play their game.

I will be writing more on the contents of ‘Halsbury’s Laws of England’ soon, especially an in depth look at why there is NO authority for administrative courts in this country and no Act can be passed to legitimise them because of the constitutional restraints placed upon her Majesty at Her coronation (touched on in the above quote). Which means they can’t pursue you for Council Tax etc. I’ve stated many times, all taxes are voluntary! More on that coming soon, so look back.

In closing this article, you might want an understanding of the rules of OSCOLA (a guide to understanding and presenting/citing case law etc), by downloading the pdf quick guide HERE or a more in depth guide HERE

My end quote for this article is by LORD HALSBURY, HARDINGE STANLEY GIFFARD British statesman (1823 – 1921)

“My Lords, I have more than once had occasion to say that in construing a statute I believe the worst person to construe it is the person who is responsible for its draft.”
– 1902 Appeal Cases (p. 477)

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The Scottish Referendum – A Written Constitution

A Written Constitution for Scotland by James Neely: Gillan Esq.

 

Supremacy of the Constitution [edit]

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.

The Monarchy

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

Article 1

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

Article 2

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.

Article 3

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.

Article 4

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

Article 5

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.

Article 6

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.

Article 7

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.

Article 8

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.

Article 9

The President of the Scottish Republic presides over the Council of Ministers.

Article 10

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.

Article 11

[Provisions]

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.

Article 12

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.

Article 13

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.

Article 14

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.

Article 15

The President of the Scottish Republic is the head of the army. He chairs the boards and senior national defence committees.

Article 16

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.

Article 17

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

Article 18

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.

Article 19

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

Article 20

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].

Article 21

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.

Article 22

Acts of the Prime Minister are countersigned, where necessary, by the ministers responsible for their execution.

Article 23

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

Article 24

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.

Article 25

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.

Article 26

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.

Article 27

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.

Article 28

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.

Article 29

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.

Article 30

Excluding cases in which Parliament meets de jure, special sessions are opened and closed by decree of the President of the Scottish Republic.

Article 31

Members of the Government have access to both meetings. They are heard when they ask.

They may be assisted by Government commissioners.

Article 32

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.

Article 33

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

Article 34

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;

 of education;

 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.

Article 35

Assemblies may adopt resolutions under the conditions laid down by the organic law.

Article 36

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.

Article 37

The state of siege is decreed by the Scottish Council of Ministers.

Its extension beyond twelve days may be authorized by Parliament.

Article 38

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.

Article 39

Law and regulations may contain a limited purpose and duration for  the provisions of an experimental nature.

Article 40

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.

Article 41

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.

Article 42

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.

Article 43

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.

Article 44

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.

Article 45

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.

Article 46

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

Article 47

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.

Article 48

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.

Article 49

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.

Article 50

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]

Article 51

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.

Article 52

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.

Article 53

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.

Article 54

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.

Article 55

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.

Article 56

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.

Article 57

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.

Article 58

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

Article 59

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.

Article 60

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.

Article 61

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.

Article 62

The Republic may recognize the jurisdiction of the International Criminal Court

Article 63

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.

Article 64

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

Article 65

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.

Article 66

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.

Article 67

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.

Article 68

The Constitutional Council shall, in case of dispute, ensure the regularity of the election of deputies and senators.

Article 69

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.

Article 70

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.

Article 71

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.

Article 72

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.

Article 73

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

Article 74

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%

Article 75

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.

Article 76

No one shall be arbitrarily detained.

The judicial authority, guardian of individual freedom ensures compliance with this principle as provided by law.

Article 76-1

No one shall be condemned to the death penalty.

Title IX – THE HIGH COURT

Article 77

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.

Article 78

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

Article 79

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.

Article 80

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.

Article 80-1

The provisions of this Title shall apply to acts committed before its entry into law.

Title XI – THE ECONOMIC, SOCIAL AND ENVIRONMEN

Article 81

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.

Article 82

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.

Article 83

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

Article 84

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

Article 85

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]

Article 86

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.

Article 87

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.

Article 88

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

Article 89.

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.

Article 90

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.

Article 91

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.

Article 92

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.

Article 93

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.

Article 94

Regional languages belong to the proud traditions and heritage of Scotland and are no less important than the main languages outlined in these Articles.

Article 95

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

Article 96

The Scottish Republic shall participate in the development of solidarity and cooperation among States and peoples who share the Scottish Gaelic and English languages.

Article 97

The Scottish Republic may conclude agreements with States that wish to partner with it to develop their civilizations.

Title XV – THE EUROPEAN UNION

Article 98

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.

Article 98-1

The law lays down rules relating to the European arrest warrant pursuant to acts adopted by the institutions of the European Union.

Article 98-2

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.

Article 98-3

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.

Article 98-4

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].

Article 98-5

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.

Article 98-6

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

Article 99

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.” 

 Expressions used

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.

 Compensation

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.

 Money Supply

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)


The Scottish Referendum – Declaration of Independence

The Scottish Referendum – Declaration of Independence

Well, here it is, a Scottish Declaration of Independence, yes, you can simply declare it, this includes my speech (which will form the Preamble to the Declaration when I hand it over), so that those people unfortunate enough not to be there can, at least, see the full unedited document!

I will publish the accompanying Written Constitution (which will raise a few eyebrows even amongst my supporters!), At the week-end. MORE SOON!

These documents have been written to offer the people of Scotland (and the rest of the world), a better way forward. Remember, politicians are OUR civil servants, don’t let them dictate the terms (or you will be conned again), put these forward instead (or something similar), to be voted on in a referendum for final acceptance. See the Constitution for details of how that should be achieved. HAPPY READING!

Speech/Preamble

I stand here today as the representative and spokesman of the sovereign men and women of Scotland gathered here before you, and also as the one responsible for originating our Declaration of Independence that I will make to you in a moment. In writing that Declaration of Independence I looked at many such documents and was inspired by the truth of them. The list I looked at included our own Declaration of Arbroath, but that document was submitted to an authority that is part of the controls that are placed on all of us. I also looked at the American Declaration of Independence, having also been inspired by many of the words of the early founding fathers of America. I looked too at the Palestinian Declaration and the State of Israel’s Declaration, as well as many others written over the centuries.

Therefore, having declared my influences and having found those earlier documents apposite to our own cause, I have learned from them and, coupled with words reflecting the collective views of the Scottish Sovereign people and my own personal knowledge, distilled an essence of them, yet retained enough of our truth to make a unique document that should stand testimony to the passion and wishes of our people today, a new kind of freedom for the 21st century and beyond.

Many of you may not know that such documents have been written, and any potential for enlightenment is suppressed by the limits imposed on us by our schools curriculum and the propaganda fed to us by the mass media, which is controlled by the same persons who would seek to deceive us at every turn. The depth of this deception is so far reaching, so wide in its scope, that many of you will simply not believe the extent of it. Complicit in this betrayal of the people, are those who were elected to protect them. This conspiracy is worldwide.

I will not speak more of the deception here, as this is something that will be revealed to you in the fullness of time, however it is enough for you to know that many people throughout history have warned us of the perils of our ignorance, yet we chose not to listen to them. For we are not all endowed with the equal potential for wisdom, yet some have listened and indeed heard those words and now we act in all consciousness upon them.

Some of the many people who tried to warn us were former US Presidents and Prime Ministers and other great men of history, including President Lincoln, President Kennedy, Benjamin Disraeli – a former British Prime Minister and so many others. The list runs to thousands, and you owe it to yourselves to seek the truth of these matters which directly affects everything you are and everything you do. As a direct consequence of our blind ignorance we allowed the private financiers to take over the institutions of our Nations.

Therefore, I owe a great debt of gratitude to those Statesmen who have gone before me, for their words of inspiration and the nobility and eloquence of the speeches they gave. I would urge you all, wherever you reside in the world, to read those speeches again and HEAR the wisdom of it.

I have also written the Draft Constitution document that accompanies the Declaration of Independence, which I give to the Scottish People for their perusal and consultation, with a view to voting on the acceptance of it at a later date, perhaps on the Anniversary of Scotland’s own historic 9/11. This document will enshrine our rights and our responsibilities and will offer us protection from a recurrence of a system such as we have now, where our laws are being subverted for the benefit of a few wealthy financiers who seek to enslave us and future generations of this planet.

My own path to this place has been a long and arduous one, like many people of history the path towards enlightenment is fraught with hardships and it’s usually in those moments of despair that something is revealed to you, and so it was with me. I could see the injustice that surrounded me, especially when my Wife and I along with our young family were evicted onto the street following a period of low wages and rocketing inflation. When you’re standing in that position, in a supposedly free democratic country, with rights apparently given to us by the United Nations, yet, with no help from a state that, seemingly, couldn’t care less, slow realisation began to form in my mind that perhaps something was wrong, if a neighbour is in trouble, we go their aid; we don’t throw them into the street. A corner was turned and a painful lesson was learned. From that moment I resolved to find out why I suddenly seemed to have no rights because I had the audacity to be poor!

So it is that I now stand before you, 38 years later and a whole lot wiser, representing similarly minded sovereign people, in order to state to you here the ‘TRUTH’ of our sworn Scottish Declaration of Independence and the importance of a written constitution.

Whatever your views on Independence for Scotland, I ask you to remember all those who died for freedom all over the world, for those freedoms were short lived for none of us are truly free today, we are all chained to the debts that our governments run up, and we are slaves to that debt. Not just today’s generation but for many generations to come, unless we act. For whilst the ordinary folk slave to pay those national debts, those politicians and our other public servants, whose duty is to protect us, are complicit in the deception and indeed,  line their own pockets with the proceeds of their crimes against humanity.

In your heart you know that something is wrong with our systems of governance and our financial institutions, as I often hear people cry out for justice especially when it’s been denied them, for such is the great breadth of the deception that has been played on us all by these self-serving politicians and the other parasites that they foster relationships with, that the scale of this deception is truly global and affects almost all of the so-called ‘civilised’ world.

So it’s time to enter a bright new era, where there’s hope for us all, a new future free from all debt and where real justice and dignity for all can exist. But we need to grasp this opportunity now. Or the only people with a debt free existence will be those wealthy financiers who have enslaved us.

Join us in a peaceful, but loud voice that, tells the world that we the people of Scotland have had enough, we want to be free and make our country prosperous again, a country where the brains of the world will want to come, where a new enlightenment can begin and where we will have a country fit for an honest people.

I would also urge our English, Irish and Welsh neighbours to do the same and to declare themselves free people too, separate yourselves from your governments and the private banks that exert control over them and ultimately over you to, break the shackles that bind you and rise as rampant lions and sleep no more.

Before I go on to read the Declaration of Independence, I would like to finish in a long tradition of mine with a quote by a great statesman and former US President, Abraham Lincoln

“I am not bound to win, but I am bound to be true. I am not bound to 
succeed, but I am bound to live up to what light I have. I must stand with anybody that stands right, and stand with him while he is right, and part with him when he goes wrong.” 

 

Today I proudly stand with those who stand right, for I must stand with those who stand right, so then… hear our Proclamation on this the 700th Anniversary of the Battle of Bannockburn, where Scotland’s freedom was won by the blood of her Sons, only to have that freedom sold by her corrupt politicians for English gold, nearly four centuries later.

Scottish Declaration of Independence

Whereas in the course of human affairs history has shown that it may become necessary for a people to dissolve the political and economic ties which have bound them to others, and

Whereas, in such event a respect for the opinions of mankind requires them to declare to other nations the causes which impel them to assume full responsibility for their own affairs:

We, The SOVEREIGN MEN AND WOMEN of Scotland, Do Hereby Declare: That, we are determined to save succeeding generations from the scourge of war and the corruption and deception of the Scottish people by those who would seek to control or govern us. At every stage of these oppressions we, the Sovereign People of Scotland, have petitioned for redress in the most humble terms: Our repeated Petitions have been answered only by recurring injury and treachery. A government and judicial system whose character is thus marked by acts which define Tyranny, is unfit to be the government of a free people. That we voted for Independence in a previous referendum and though a majority agreed, it was still denied us, thus making this Declaration today imperative; to highlight that treachery exists at every turn.

That it has become necessary to call for the secession and the establishment of a separate independent and sovereign free state of Scotland, in exercise of our right to self-determination and recalling the long struggles of our ancient ancestors and those of our fallen heroes, and now offer justice, freedom, equality, human dignity and political and economic emancipation, having resolved to establish a system of governance that upholds the rule of law, justice, democracy, human rights and respect for all.

That we can now succeed in our objectives because of those sacrifices of our fallen heroes and the long suffering of our people, and in the free will of those we speak on behalf of. For the rewards of our heroes and heroines lie in Scotland’s future and in the realization of a free people’s collective vision, and it is also in that future and in the realization of our vision. that we can begin to fulfil the dreams of so many. For this country, its institutions and its systems of law and governance, belongs to those people who inhabit it.

The land to the North of the British Isles is where the Scottish people were born, and where a Nation grew, developed and excelled. Nourished by an unfolding series of civilizations and cultures that came and went and inspired by a heritage rich in variety and kind, the Scottish people added to its stature by consolidating a union between itself and its English, Welsh and Irish neighbours, which was to our mutual benefit through two World Wars, that was to rob us all of an entire generation thanks to the scourge of the tyranny that we speak.

Thus, the Scottish people ensured for itself – by the industry of its diverse peoples and in a long and rich tradition – formed an everlasting union between itself, its land, and its history, an honourable tradition that continues to flourish today through the trade and invention of its remarkable people, despite those that would seek to destroy us through the use of deception, government controls and economic enslavement.

Our hearts are still heavy with some of the less lustrous memories of a history that, having resolved to overcome the treacheries of the past and face the future with a renewed sense of hope and in a spirit of forgiveness and reconciliation, we must be brave and wise enough to resist revisiting and instead we must embrace a more positive future. Forgiveness is the act of a merciful people and we must be lavish in our use of it. This should be combined with a period of new learning, so that the systems we devise to serve us do so as, we the people, would wish it.

We should never forget our past struggles, but, acknowledging the great sacrifices of our fallen will keep us consoled to be worthy of this new freedom and help us focus our energies on building a great new Nation, a Nation proud of its turbulent past, yet one which looks towards a future free from the shackles of indentured slavery that has fallen on us all. A Nation that will reflect the pride and achievements of its people, a Nation bound by the principles of economic and social advancement for all, a Nation through which the systems of sound governance and governed by the real consent of its people, will promote real freedom. But only if we don’t deviate away from the core objectives of our century’s long freedom struggle, or the sacrifices made by the many for us, will have been for nought.

We have stood resolute throughout that history, the Scottish people continued to forge its national identity, rising even to unimagined levels in its defence, as the threat of invasion, the design and greed of others, and the jealousy with which our oil and other national assets were eyed by Zionist bankers and usury agents and where financial powers sought to undermine and deprive the people of its political independence. Yet the undying connection between Scotland and its people secured for the land its character, and for the people its national genius.

In generation after generation, the Scottish people gave of itself unsparingly in the valiant battle for liberation around the world and in the heart of its homeland. There have been many rebellions in the heroic embodiment of our will for national independence, and now is the time for that struggle to prevail.  Despite historical injustice inflicted on the Scottish people resulting in their dispersion through the Highland Clearances and other infamous historic injustices, and attempts by money men in depriving them of their right to self-determination at various times throughout history, then today is the time to ensure that for those National heroes who made the ultimate sacrifice, we honour them and ourselves by declaring the right of the Scottish people to their sovereignty.

For in the course of modern times, a new world order has been thrust upon us, by a hostile array of local and foreign powers and the Scottish people have subsequently been excluded from the destiny that should, rightly, belong to them, as yet again unaided justice has been revealed as insufficient to drive those usurious agents, private financiers, conglomerates and the complicit politicians and other tyrants from our lands.

So let us now recreate ourselves, let us find new ways, new thinking and be ready to learn in order to adequately meet the many new challenges that will lie ahead. We should not take anything for granted. Instead every challenge should be considered an opening for even greater opportunities and triumphs. We must also beware those unscrupulous people who would seek to reapply the slime of the old bureaucracies during this transitional period.  We would seek to urge all of you to seize those opportunities when they come and accept the challenges of a much better future

For the people of Scotland have witnessed a long process which is destructive of those very precepts upon which our proud Nation has been built and now see those principles of Western democracy and responsible government corrupted by private financiers whose moral standards have pervaded all levels of our society. The people of Scotland must once again show the world, that whilst all that we cherished has become soiled by the dirty hands of a worldwide financial tyranny, that we can act to remove those people that shame us and restore faith in our ability to act as a responsible and trustworthy Nation.

The people of Scotland fully support their devolved government in their claim for sovereign independence but have witnessed the consistent refusal of the Government of the United Kingdom to accede to their entreaties; That the Government of the United Kingdom having thus demonstrated by their continual use of deception and propaganda, that they are not prepared to grant sovereign independence to Scotland, thereby persisting in maintaining an unwarrantable jurisdiction over us.

Now Therefore, We The Sovereign People of Scotland,  in humble submission to the creator of the Universe, Almighty God who controls the destinies of all peoples and nations, the Supreme Judge of the Universe, do, in the Name, and by the Authority of the Sovereign People of Scotland and by this proclamation, solemnly publish and declare, that Scotland is and of Right, Free and Independent; that it’s Absolved from all Allegiance to the British Crown, and the global legal trade, that all political and economic connection between Scotland and the rest of the United Kingdom’s of Great Britain and Northern Ireland, is and ought to be totally dissolved; and that as  a Free and Independent people, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do, so that the dignity and freedom of all men may be assured; thus we  adopt, enact and give to the people of Scotland this Scottish Declaration of Independence and the Draft Constitution annexed hereto. Now bound by our sworn oath, we mean to stand by this Scottish Declaration of Independence and its Constitution. For if our government should give up what we have begun, and agrees to make us or our kingdom subject to the Monarchy or Parliament of the United Kingdom or force us to become members of some other Union, then, we should exert ourselves at once to drive them out as our enemy and a subverter of our rights, and make some other man who was well able to defend us our Leader; for, as long as but a hundred of us remain alive, never will we on any conditions be brought again under foreign rule. It is in truth not for glory, nor riches, nor honours that we act, but for freedom — for that alone, which no honest man gives up but with life itself.

 

God save the People of Scotland

 

Given Under Our Hand on the 700th Anniversary of the Battle of Bannockburn, Signed at Bannockburn on this the 24th day of June in the Year of Our Lord Two Thousand and Fourteen

Elected Leader of the Scottish Sovereign People

Elected Deputy Leader of the Scottish Sovereign People

The Signatories and seals of one hundred sovereign men and women of Scotland.

Note the piece below

Declarative theory[edit]

By contrast, the “declarative” theory defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity’s statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention.

Article 3 of the Montevideo Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

#indyref

RONALD REAGAN (FORMER PRESIDENT OF THE USA), “A TIME FOR CHOOSING”

RONALD REAGAN (FORMER PRESIDENT OF THE USA), “A TIME FOR CHOOSING”

In this very important year for the people of Scotland (2014, the year of our Independence vote), and in another break from tradition, I will let a video by Ronald Reagan (former US President), speak for me. Have a listen.

“A time of choosing” A speech by former US President Ronald Reagan

“I do not believe in a fate that falls on men however they act; but I do believe in a fate that falls on them unless they act.”  BUDDHA

 

 

THE BEDROOM TAX

THE BEDROOM TAX

This ill-conceived tax aimed at the very poorest in our society, is now showing us just exactly how much the government wants to know about YOU!

Start with this piece from the Scotsman Newspaper HERE, where for example ,Edinburgh city’s vice-convener of housing, Cammy Day, said the unique crackdown is necessary to prevent the council’s oversubscribed DHP allocation from running out, he added he was “not comfortable” with the tough policy.

Cllr Day, whose Forth ward is one of the poorest in the city, said: “As a result of a policy imposed by the Conservative Party we are having to do this, otherwise our entire DHP allocation would have been spent in the first three months of the financial year.

“It is a horrible position to be in, having to make a judgement on people’s lifestyle choices.”

However, city Tory group leader Cameron Rose backed the stance. He said: “I think people would expect that those seeking taxpayer money are asked to rein in their spending on luxuries. People make decisions on how they can afford to spend their money within households every day and I don’t think it’s a bad discipline to encourage.”

I personally think its rich coming from a Tory Councillor telling us to “rein in spending” when the Tories have spent more since 2010 than every government added together since 1900! Remember, this money is printed by the Bank of England (a central bank that is privately owned), so it’s a debt paid for by your taxes. Read more HERE See also some interesting facts on the CIA’s web site (yes, that CIA) World Rankings on cash and Gold Reserves HERE and HERE. Although remember, we don’t own an ounce of the gold or hold any cash reserves ourselves as, the gold etc., belongs to private Bankers, although we’re paying for it many times over through the Bedroom Tax, COUNCIL TAX, VAT, DUTY, CAR TAX, PAYE, NIC, DEATH DUTIES and every other form of taxation you can name. If we were taxed at 100% of our wages this would barely meet the interest! The USA is last on the list and we are very near the bottom too. Look at the countries with positive balances, many of them are a fraction of the size of Scotland never mind the UK. Making a great case for separation from the union and Scottish Independence. Let’s get back to printing our own LAWFUL MONEY.

If you don’t want the Bedroom Tax (or indeed any other tax), then read and learn about money. See previous articles on this subject HERE and HERE to learn more. Watch Godfrey Bloom MEP, tell the European Parliament about the Banking Scam, that many commentators such as myself have been banging on about for years.

If you’ve arrived here looking for more help with Bedroom Tax issues, use the links below to see what help may be available to you.

Shelter (England)

Shelter (Scotland)

A legal challenge to the Bedroom Tax is being plotted by Capability Scotland. Read more HERE

However, the most important point to remember in all this, is that for the first time in history, the people are being fleeced by the government to bail out Banks and re-capitalise them, all off the backs of all of us and especially the poor, who’re paying the greatest amount as a percentage of income.

Wise up, where is the revolution? Apathy is our greatest threat, not the government. You can only ever get the government you deserve, and if this government is what you want then do nothing. But in the words of perhaps the greatest politician who ever lived, Abraham Lincoln (former President of the United States), and a man who truly had a grasp on what was happening then, and incredibly is still happening today “This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it”.

We in the UK need to shake off the shackles of our economic slavery and overthrow those who seek to deceive and enslave us. With the rise of Pay Day Loans at exorbitant interest (I’ve seen interest rates of 3,000% and much more!), then the point of total collapse of these ‘slave’ scams must inevitably be near.

You may be interested to know that, if you charged anyone (in business transactions say), anything over a very low rate of interest in a Scottish Court action (around 8%), then you could be facing charges of Usury, yet these Pay Day Loan Sharks get away with it. Where is the law then? We’re all meant to be equal under the law, but this is verging on the truly farcical. Do you really want to borrow ONE POUND and pay back THREE THOUSAND?

As the 50th Anniversary nears of a famous speech entitled ‘I Have A Dream‘ by yet another great man, a man killed for having the courage of his own convictions, and because I too ‘have a dream’, a dream of peace and a life without any kind of slavery (especially economic slavery), so I will finish today’s blog in my customary manner with some of Martin Luther King’s most profound words

In the End, we will remember not the words of our enemies, but the silence of our friends.
Martin Luther King, Jr.

BEDROOM TAX

Note on Usury in Scot’s Law

The origins of the rules of Scots law relating to interest lie in the Canon law prohibition of usury. Prior to the Reformation the taking of interest for the use of money was at best unenforceable and at worst a criminal offence. By the 14th century, however, methods had been found of obtaining interest on money lent. The most common was a bond of annual rent, whereby a right to the whole or part of the income from a debtor’s lands was granted to a creditor as a means of repaying a loan or of paying interest upon it. After the Reformation, attitudes to the charging of interest relaxed and instead attention became focused upon the demanding of exorbitant rates of interest. The Usury Act 1587 stated that any person taking interest at more than 10% would be punished as a usurer “according to the existing laws”. Further Acts of 1594 and 1597 clarified this to mean that the penalties for demanding interest at a rate in excess of 10% would be (i) unenforceability of the claim for interest, (ii) discharge of any loan or security, and (iii) confiscation of the lender’s moveable goods and gear. By the time Stair wrote in 1681, contracts were described as “usurary” only where the interest charged was unlawful or exorbitant.

A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND – Article 20 and 19

ARTICLES TO FORM A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND

I’ve written many articles and short stories for my blog, some of which I believe could form the basis of a draft written Constitution for Scotland, should we achieve Independence. Other newer ideas I’ve had for this subject also appear below. The numbering of these articles is not to be confused with any preference for the ‘order’ in which they appear, rather they merely represent the order in which I’ve approached them for this pre-amble. I’ve included links to my own older posts on these matters and also interesting opinion elsewhere on the internet, including many conflicting views, as I believe any idea you put forward to the general public should be able to withstand close scrutiny. I’ve started using hash tags extensively in my articles, as these are now click-able from within Twitter posts and Facebook, making it attractive to me for many editorial and educational reasons.

The post on the 12th June 2013 regarding #PERMACULTURE would form the basis of our main agricultural policy and everyone who could use some garden space would be encouraged to do this too. This would in turn, decrease our dependence on Corporate business and make the cost of our food far cheaper. This would also have the added advantage of assisting our Farmers and helping them to achieve maximum yields for little real effort. Everyone would benefit. I shall call this policy my ‘Article 20. Food Policy: Permaculture’.

Article 19. Currency: A means of exchange.

There’s much misinformation on the subject of ‘legal tender’ and I would ask you to consider the following simple explanation of it, without (hopefully) sounding too patronising:-

Legal tender is any form of payment that must be accepted for a #debt, in other words you are FORCED to accept Bank of England (read about Scottish notes HERE), notes and coins instead of something tangible and of real value like Gold or Silver or indeed anything the parties agree, to settle a debt. Generally, the term refers to government issued notes and coins, as opposed to credit, #cheques, or credit cards, as these forms of payment are, in effect, paying for a debt with another form of debt! You should also be aware of the terms circulating and non-circulating legal tender, especially if you’re a coin collector.

The laws surrounding legal tender have proved vital in the formation of the fiscal policy of many nations, thus preventing the use of foreign currency to pay debts, which may be intrinsically, of even greater value. You might want to read this Daily Mail article on why Arizona is now trying to make Gold and Silver legal tender to avoid the feared collapse of the Federal Reserve Note (FR Note, NOT a Dollar), you will also note that the Federal Reserve Note may be exchanged for ‘Lawful Money’! Look at it very closely. Whilst it may come as no surprise to those readers who are more aware of the Central Banks and their private owners, of this decision HERE to veto that idea! For a view on the Federal Reserve Note and what lawful money is READ THIS.

Before I discuss a few situations that you might find yourself in due to ‘legal tender’ issues, what many people fail to understand is that, legal tender is not a means of payment that, ‘must be accepted by the parties to a transaction’, but rather a legally defined means of payment that should not be refused by a creditor in satisfaction of a debt.

For example, in a shop, legally you offer to buy something from the shop (the shopkeeper isn’t legally offering to sell you something, only advertising his willingness to consider any offers). The shopkeeper can decline your offer for any reason, or none at all. However, in a restaurant where you’ve already eaten the meal, you’ve incurred a debt and you can use ‘legal tender’ to discharge the debt of the meal you’ve just had. The reason it’s a debt is that, you’ve not paid for it yet (usually you don’t pay for a meal in a restaurant until after you’ve eaten it).  Although, if you had rushed in without having looked at the menu (the offer), ordered and ate the meal, and then discovered the menu stated that, payment should be made in bags of silver dust or corn fed hogs, then you could be charged with theft. Unless you happened to have bags of silver dust or a herd of corn fed hogs with you, of course! An offer forms the basis of the contract, which was accepted when you ordered the meal.

If you drive into a car park that, has a ‘Notice’ on it advertising it’s prices and you park there, you’ve accepted the offer and are required to pay by coins of the value stated. However, if you park on a road or railway station that has a Ticket Machine that’s faulty, and then get a Penalty Notice, as you could not buy a ticket due to the machine being out of order and rejected your coins. Then any alleged debt was extinguished, as their agent (the ticket machine) refused the legal tender payment and also the implied agreement that, parking is free when machines are broken, as has always been the case. Remember also that, the company wouldn’t want to be forced into an additional heavy cost of certifying the correct operation of a computer (the ticket machine), as would be necessary to collect any debt involving a machine!

Finally, by way of another example, if you are visiting your bank to pay off your overdraft, the bank doesn’t have the right to turn your money away if it is ‘legal tender’, they must accept it. FORCED remember?

Hope all that helps you next time you have a discussion on ‘money’ or contracts anywhere.

Now, you might just be of the opinion that legal tender is a good idea, as we could just force that method on everyone. Well, you need to consider why currencies and inflation are destroying your standard of living and your savings. This comes about because we have nothing of value to back up our currency. This is called a fiat currency. You might be interested to know that Scottish and Northern Ireland Banks keep money in reserve in order to meet any potential threat of a run on a Bank and to cover the circulation of Scottish and Irish Notes. However, these Banks use very large denomination uncirculated notes called Giants and Titans to back up their lending. These are merely paper notes with face values of £1 million and £100 million respectively! Monopoly money, again no real tangible assets. Check out the Bank of England’s web site HERE for more on backing assets and #Giants and #Titans

So, what does all that mean for us in Scotland within the proposal for my draft #constitution? What form of ‘discharging a debt’ or paying for something should we choose? Simple, we create #lawful-money! This is money created by having a ‘tangible asset’ that backs our currency, usually and historically, this would be gold or silver and is backed by our Governments obligation to pay.

You or an elder relative may remember having silver coins when you were younger. e.g. #silver-threepence, #silver-sixpence, #silver-florin, #silver-half-crown, #gold-sovereign etc.

So we need to adopt our own #currency, this could be called the Scottish Pound Sterling (sterling=silver), or something with a Scottish name like ‘#Groat’ or how about a Scottish Dollar? This would be bringing it back to Europe where the word originates and was used for hundreds of years. See #Thaler for more on that subject and Wikipedia’s definition HERE.

Finally, you need to be familiar with the role of a Sovereign or State Bank e.g. Russian and Chinese State Banks, the North Dakota Bank and earlier Australian Banks, also the role of a real Treasury. This will be the subject of a later article, as it’s a complex subject too, although, I will try to make it a little more digestible! However, basically this is where the actual ‘money’ is deposited and where those same deposits are guaranteed by the full faith and credit of the State, but unlike the debt notes we currently have, these will be free of debt and so will be lawful currency and not ‘legal tender’.

When the then President of the US Andrew Jackson heard that the American congress had voted to renew the charter of The Second Bank of The United States, Jackson responded by using his veto to prevent the renewal bill from passing, he gives us an example of how we can all be free by changing the banking methods (same then as they are now), and move away from the power of the Central Banks. This is how we become free…

“If government would confine itself to equal protection, and, as Heaven does its rains, shower its favour alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles.”

Andrew Jackson former US President 

READ THIS for an explanation of why this is the case. These arguments will be more fully explained and explored in my next blog. Jackson (of Scots-Irish descent), was also the last US President to clear the entire US national debt!

The above article forms the basis of my Article 19: Currency and Government Banks.

“Labour was the first price, the original purchase – money that was paid for all things. It was not by gold or by silver, but by labour, that all wealth of the world was originally purchased.”
Adam Smith

 

Discussion document for Articles 18 and 17 on ARTICLES TO FORM A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND coming soon.

Written by: James-Neely: Gillan

Some Favourite Quotations

Words have the power to influence people and can resonate profoundly when the speaker strikes a chord that, moves you to take some action. I write this blog in the hope that, what you read here, will motivate you to take some positive action in your own life.

I particularly like the following quote:

“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.” – Justice of the Supreme Court, William O. Douglas

I also like many of the powerful and deeply profound words of wisdom (in the pursuit of freedom), that are attributed to such luminaries as, Mahatma Gandhi, Buddha, Thomas Jefferson, George Washington, Abraham Lincoln, John Quincy Adams and Martin Luther King amongst many others.

Another that resonates with me is this:

“A truth’s initial commotion is directly proportional to how deeply the lie was believed. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker, a raving lunatic.” –Dresden James

Another in this short piece on inspirational quotations that I greatly admire:

“I am only one; but still I am one. I cannot do everything, but I still can do something. I will not refuse to do the something I can do.” – Helen Keller

Freedom is just about as difficult as you think it is going to be. I sincerely hope you start your own journey on the protection of it today, especially since it’s been announced here in the UK today that, we are all going to have our Facebook, Google and Twitter accounts monitored by the Government. This will also include the monitoring of emails and Internet usage and what we search for on line. It’s also proposed that, the use of CCTV to monitor our every move, be further increased.

We are supposed to be a FREE Nation. Big Brother is definitely watching you now…

“What luck for rulers, that men do not think.” –Adolph Hitler

Final words

‘Make yourselves sheep, and the wolves will eat you.'”

Greece Debt problem and the simple solution put forward by former US President Abraham Lincoln

Like many others who’ve been watching the Greek Debt problems and indeed the suicides that, have been an almost inevitable consequence of the appalling situation there, have compelled me to write this piece. For their sake then, please read this article (and watch the many videos online), about a solution that has been tried before (but has been suppressed by the mainstream media), a solution I feel is right once again, and one that was put forward by Abraham Lincoln at a grave point in American history.

The people of Greece (and indeed the people of Ireland, Spain, Portugal and elsewhere), need to look at this history for a valuable lesson in sound economics, and how money can serve their respective countries, by reading the words of wisdom on this subject, from none other than Abraham Lincoln.

Greenbacks was his solution, along with the principle of ridding his country of the International Bankers. Sounds only too familiar today, don’t you agree?

Colonel Dick Taylor & President Lincoln agreed to try the ingenious solution of printing 450 million dollars worth of the new bills (Greenbacks), using green ink on the back to distinguish them from other notes – see the history of Greenbacks above.

“The government should create, issue and circulate all the currency and credit needed to satisfy the spending power of the government and the buying power of consumers… The privilege of creating and issuing money is not only the supreme prerogative of Government, but it is the Government’s greatest creative opportunity. By the adoption of these principles, the long-felt want for a uniform medium will be satisfied. The taxpayers will be saved immense sums of interest, discounts and exchanges. The financing of all public enterprises, the maintenance of stable government and ordered progress, and the conduct of the Treasury will become matters of practical administration. The people can and will be furnished with a currency as safe as their own government. Money will cease to be the master and become the servant of humanity. Democracy will rise superior to the money power.” Abraham Lincoln

This would have been great for everyone – except the money changers of course – who quickly realised how dangerous this policy would be for them. They wasted no time in expressing their own view in the London Times. Oddly enough, while the article seems to have been designed to discourage this creative financial policy, in its put down we’re clearly able to see the policies merits. “If this mischievous financial policy, which has its origin in North America, shall become endurated down to a fixture, then that Government will furnish its own money without cost. It will pay off debts and be without debt. It will have all the money necessary to carry on its commerce. It will become prosperous without precedent in the history of the world. The brains, and wealth of all countries will go to North America. That country must be destroyed or it will destroy every monarchy on the globe.”

Learn more about Lincoln and Colonel Dick Taylor HERE.

But, this could well be the answer for ALL of us, get rid of these International Bankers once and for all. For they’re the very cause of perpetual debt to every nation – and the deaths of countless people. Check out my Quotations Page for more from other past US Presidents on this very subject. You would think they’re all talking about today’s issues. How did all of this get past so many of us without us noticing? Because, history has been ‘dumbed down’ at school, and educational establishments’ curriculum’s is set by those same self-serving politicians that would deny you all of your other rights too, if it made them a dollar.

Murray Rothbard explained the significance of the phrase, “suspension of specie payment.” This explanation clarifies just what it was that Lincoln and the Whigs (and later the Republicans) were fighting so vigorously for.

The bluntest way for government to foster inflation . . . is to grant the banks the special privilege of refusing to pay their obligations, while yet continuing in their operation. While everyone else must pay their debts or go bankrupt, the banks are permitted to refuse redemption of their receipts, at the same time forcing their own debtors to pay when their loans fall due. The usual name for this is a “suspension of specie payments.” A more accurate name would be “license for theft,” for what else can we call a government permission to continue in business without fulfilling one’s contract?

See also President Jackson for more on the ‘corrupt money men’.

‘Practices of the unscrupulous money changers stand indicted in the court of public opinion, rejected by the hearts and minds of men’. – President Franklin Roosevelt

People of Greece, please write to your Prime Minister now with this potential solution to your debt problem, don’t let any more of your people die in despair. See how you’ve been hoodwinked through the ages, and urge your own Government to rid itself of International Money Cartels now.