Constitution

Losing our Independence

Author / Creator: David Heriot

Media type: Discussion Paper

Date published: 2022

There never was a glorious and joyous coming together of Scotland and England. Instead, Scotland was shackled to England to create a United Kingdom of Great Britain, a United Kingdom that was – and still is – firmly under England’s control.


The Path to break out of the UK – Scotland’s Forgotten Constitution

Author / Creator: David Heriot

Media type: Discussion Paper

Date published: 2022

The Claim of Right is a standing constitution that remains in force in Scotland today, under treaty and constitutional law. We can and should use it to withdraw from the Union.


The Scottish Constitution and the Constitutional Compact

Author / Creator: Sara Salyers

Media type: document

Date published: 2022

When we apply the criteria to the constitutional documents and arrangements of Scotland prior to the Union, (1310 to 1706), we find a core of self-consistent, constitutional principles which collectively reinforce and develop those expressed in the Claim of Right Act of 1689.


Claim of Right Act, 1689

Author / Creator: Scottish Parliament

Media type: Document

Date published:

The Claim of Right Act, 1689 as recorded by The National Archives and the UK government.


A Real and Ancient Constitution

Author / Creator: Sara Salyers

Media type: Academic Paper

Date published: 2022

The Records of the Parliaments of Scotland entirely overturns the long-standing picture of a desperate, illiterate Scottish peasantry groaning under the rule of despotic kings and nobles.


The Case of the Missing Constitution Or, You Have Been Conned, Pal

Author / Creator: Sara Salyers

Media type: Discussion Paper

Date published: 2022

The Claim of Right was a condition of the Treaty and the Union. In fact it was the pre-condition of the whole thing. It had been demanded by Scotland, agreed by Queen Anne and ratified by the parliaments of England and Scotland. It was a little thing known as a constitution, a set of principles explicitly described as being part of Scotland’s fundamental constitution and contained in the Scottish Claim of Right Act of 1689.


The Scottish Constitution from the Claim of Right

Author / Creator: The Estates of Scotland

Media type: Translation

Date published: 2022

The Scottish Constitution as derived from the Claim of Right Act 1689


The Treaty Bites Back A ‘ Forgotten’ Constitution, Scotland’s Claim of Right

Author / Creator: Sara Salyers

Media type: Discussion Paper

Date published: 2022

Westminster continues to pay lip service to the reality of Scottish sovereignty, while treating Scotland as subject to England’s constitutional parliamentary sovereignty, and hence dismissing Scotland as a distinct sovereign entity with its own constitutional rights. 


The Declaration of the Estates of the Kingdom of Scotland containing the Claim of Right and the offer of the Croune to the King and Queen of England.

Author / Creator: Estates of the Kingdom of Scotland

Media type: Document

Date published: 1689

The document containing the Claim of Right/


The Claim of Right

Author / Creator: Sara Salyers

Media type: Discussion Paper

Date published: 2022

Scotland has a proud history of popular democracy, of human rights, of a code of justice and of a principle of equality.  


Implications of varying mandate definitions for Indyref2 legitimacy at Westminster-level elections

Author / Creator: Mark Shephard

Media type: Discussion Paper

Date published: 2022

Mark Shephard, Senior Lecturer at the University of Strathclyde, examines the scenario of the SNP campaigning solely on the issue of independence in the next General Election 


SALVO Reclaiming the Scottish Constitution

Author / Creator: Salvo

Media type: Web site

Date published: 2022-

The Scottish Claim of Right was never extinguished by the Treaty of Union; rather, the treaty was and remains conditional upon the continuance of the Claim of Right in Scotland. 


The Treaty Bites Back

Author / Creator: Sara Salyers

Media type: Article

Date published: 2022

The Claim of Right Act of 1689 means that the Scottish people retain the right to prohibit government actions or legislation which compromise their civil rights and freedoms. This was incorporated in the Act of Union,1707.


Worth the wait? Reforming Intergovernmental Relations

Author / Creator: Nicola McEwen

Media type: Review

Date published:

The Joint Ministerial Committee system of devolution is no more, replaced by a three-tier system of intergovernmental forums.


Respect and Co-operation: Building a Stronger Union for the 21st century

Author / Creator: Select Committee on the Constitution

Media type: Report

Date published:

Strengthening the Union requires a sensitivity to the pluralism of the the UK. Intergovernmental structures are inadequate to ensure devolution and the Union can be maintained.


The Scottish Constitution

Author / Creator: Alan Page

Date published: 2020

Scotland does not have a written constitution for the devolved status of Scotland to protect its people from abuse of state power.


The Limits of Rights

Author / Creator: Craig Dalzel

Media type: News Media

Date published:

The limits of devolution should be pushed, but with a strategy of expanding powers, rather than oppportunistically.


Foundations for Freedom: Discussion Paper on the Process for Establishing an Independent Scotland's Constitution

Author / Creator: W. Elliott Bulmer

Media type: Discussion Paper

Date published: May 2018

A written Constitution is central to making the case for Independence and is the international norm. Proposals for developing one provisionally via a Constitutional Conference before next referendum are given.


Scottish Sovereignty Research Group

Author / Creator: Scottish Sovereignty Research Group

Media type: Web site

Date published: 2020 -

The objectives of the Scottish Sovereignty Research Group:

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


Foundations for Freedom: A discussion paper on the process for establishing an independent Scotland’s Constitution

Author / Creator: W. Elliot Bulmer

Media type: Discussion Paper

Date published: May 2018

A provisional constitution should be worked out by a Constitutional Convention before the next Referendum