The Constitution sets out the conditions under which the people agree to be governed. It lays down the basic principles of the State, the structures, and processes of government, defines the limits within which our politicians, at all levels, must operate and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act.
Summary
Article 1. This Constitution asserts the right of the people of Scotland to govern themselves as a constitutional democracy whereby members of Parliament remain at all times primarily accountable to the electorate and the terms of this Constitution;
specifies the sovereignty of the people over the territories and natural resources of Scotland; details the qualifications for citizenship and residency visas; qualifications for voting in elections.
Article 2. The adoption of European standards of human rights into the constitution; prohibition of discrimination; the rights and obligations of citizenship; the right to life and dignity; the right to free quality healthcare at the point of need; the right to free education up to secondary level and beyond on the basis of qualification.
Article 3. Following Independence, a national referendum will decide the hereditary or elected status of the Head of State; the role and duties of the Head of State in the parliamentary and public life.
Article 4. The nature and organisation of the unicameral Parliament; the number of members and constituencies; the electoral system of proportional representation; the Council of Ministers and administration of government within the terms of the constitution; eligibility, training and qualifications, life experience and restrictions to be an MP, remuneration and expenses; the election and duties of the Presiding Officer, the appointment of bodies to manage the fabric and effective administration of Parliament.
Article 5. The law-making powers of Parliament, the procedures for scrutiny and enactment of legislation; commissions of enquiry powers to summon evidence; the conduct of Parliament and disciplinary powers.
Article 6. The procedures leading to the recall of an MP; the protocols for the initiation and management of Constitutional Referendums and for the initiation of a public petition to the government.
Article 7. The structure and composition of the Executive; restrictions on external or commercial interests; the transparency and registration of lobbyists; the creation of non-government organisations; requirement of a referendum for entering the major obligations, treaties or transfer of governmental powers granted under this Constitution.
Article 8. The focus and direction of economic policy under this Constitution; the introduction and management of the national currency in all its forms and free of debt is an exclusive monopoly guaranteed by the State; the scope and responsibilities of the Central Bank of Scotland; the rules regarding National Debt and the regulation of banking and financial corporations. The powers of the State to impose and collect taxes equitably and within the framework of a responsible budget.
Article 9. The structure, powers and obligations of a fully independent Judiciary; the Courts.
Article 10. Amendments to the Constitution will require a two-thirds majority vote in parliament followed by a public referendum.
Article 11. The requirement for auditing Government departments and public bodies; open oversight of broadcasting, Freedom of Information and the provision of Ombudsman services.
Article 12. Two Tier Local Authority, Responsibilities, Elections and qualification of Regional and Burgh Councillors; Funding, Remuneration, Boundaries; Citizen referendums and Recall.
Article 13. Making provision for truly independent commissions and commissioners to investigate and rule on matters of public concern; the provision of a training course introducing new members and councillors to the skills and responsibilities of public office.
Article 14. Recognising the need for effective and considerate use of Natural Resources, Land Registration, Environment and Wildlife protection.
Article 15. Law Enforcement and Police, Prohibition of Death Penalty, National Security, Maritime Protection Agency, Conventional Armed Forces, Emergency Powers, participation in joint International humanitarian or military initiatives; Diplomatic and Consular Service: prohibition of nuclear, biological or chemical weapons.
Article X. A miscellany of Sections added post publication of the Model Constitution. Their content is included in the library of the Searchbox andfollow the follow the same protocols of the original Sections.