Constitution Of The Scottish State

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The Constitution of the Scottish State

Preamble

We, the people of the sovereign, free and democratic State of Scotland, for the love of our fair nation and proud countrymen and women, do hereby express and enact our collective will through this Scottish Constitution, the supreme and fundamental law of Scotland; which holds that the founding principles of the Scottish State are popular sovereignty as the sole basis for legitimacy, human rights for all, including equality, freedom, justice, a clean environment and the search for happiness. This constitution hereby provides, in these detailed articles, a basis for the continual application and respect of these constitutional rights across all of Scottish governance and society, comprehensively underpinned by the most modern distributed ledger technology. All Acts of Parliament, treaties, regulations and other laws, whether enacted past, present or future, to the extent that they are incompatible with this Constitution, will be void and without effect.

Scottish Social Contract

The Scottish Government shall, to the fullest extent compatible with Scottish and EU law and constitutionally prescribed competences, have the principal objective of improving the lives and promoting the social mobility of all living in Scotland through the equitable provision of basic positive rights to assure individual liberty and nurture fulfilling lives. The Scottish State shall invest in public services to help provide a secure, stable and inclusive society for all which shall encourage people’s talent, enterprise, and ambition. These shall include but not be limited to the provision of clean water, healthy food, education, housing, employment, social welfare benefits, and health care adequate to lead a dignified life.

In exchange, the citizens of Scotland shall commit to benefiting from these rights by engaging in productive, harmonious, and constructive civic life at all levels of government and communities, and employing their innate talents to the further improvement of Scotland and its citizenry.


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Article I - Foundational and Symbolic Principles

  • Section A: The City of Edinburgh shall be the capital of Scotland.
  • Section B: The official languages of Scotland shall be Scots, Gaelic, and English.
  • Section C: The national flag shall be the cross of St Andrew.
  • Section D: The national anthem shall be "Freedom Come All Ye"
  • Section E: The national animal shall be the Unicorn.


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Article II - Individual Liberties, Rights, and Obligations

The following liberties, rights, and obligations shall be irrevocably held by all Scottish citizens and legal residents, both individuals and collectives. No individual or collective can be discriminated against on the basis of sex, ethnicity, origin, language, religion, beliefs, physical, mental or ideological diversity, age, genetic characteristics, membership in a national minority, sexual orientation or gender identity, or any other personal or social circumstance or characteristic. There shall be no limitation upon their exercise except to prevent or penalize acts calculated to infringe on the rights and liberties of others, or forcibly to subvert, by either physical or electronic means, the constitutional order that guarantees these rights and liberties. The rights and privileges guaranteed to persons under this Constitution and the Corpus of Scottish Law (CSL hereafter: explained in Article III) extend only to human beings and human collectives; the extent to which such rights and privileges may be extended to other legally sanctioned entities shall be determined by the CSL.
  • Section A: Equity of Rights
  • § 1. All citizens and residents of Scotland, regardless of their status, shall be equally treated and protected under the CSL. Provision shall be made to assure gender parity in opportunity and pay at all levels of the public and private sector.
  • § 2. The Scottish state is secular and pluralist, and shall not establish, favour, nor disfavour any religion, and shall work towards the appeasement of religious and sectarian conflict in all forms. All religious and religiously owned institutions shall be subject to civil law, regulation, and taxation.
  • § 3. Social equality being the basis and essence of this Constitution and the Scottish polity, no aristocratic or noble titles and/or estates historically granted by any monarchy shall be recognized by the Scottish State for any purposes. No law which perpetuates social castes, including primogeniture law, shall be recognized, promulgated, or applied. All human beings shall be treated equally under the law.


Discuss this Section in more detail -> Article II Section A
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  • Section B: Fundamental Individual Liberties: The Scottish government shall pass no law infringing upon the following liberties, and shall structure the CSL and corresponding Scottish State institutions to guarantee the following:
  • § 1. The freedom of press, speech, writing, publication, and of the expression of opinion with narrowly prescribed exceptions for demonstrably injurious discourse.
  • § 2. The freedom of thought, of conscience, and of religious practice; including to not believe or participate in any religion.
  • § 3. Autonomy of all persons over their bodies.
  • § 4. All human beings have the right to marry and to found a family in accordance with their beliefs and sexual orientation.
  • § 5. All human beings have the right to peacefully assemble or not and form associations or not for any lawful purpose. No precautionary measure shall be taken against this.
  • § 6. No law or government policy shall abridge the right of every person to freely form or join a union in their place of work, collectively bargain with their employer, to strike without state opposition, and the CSL shall penalize any infringement of this right. Every person has the right to conditions of work which are fair, healthy, and which respect the dignity of the person. A living wage and a guaranteed minimum income shall be established by the CSL, to assure that no person will live in poverty, which shall be continuously adjusted according to economic criteria established in the CSL.
  • § 7. The right to privacy in his or her personal affairs, family life, home, and correspondence. Consistent with technological advancement, provision shall be made in the CSL to safeguard personal data and information, and preserve privacy and security in communications and transactions conducted through electronic media. No restrictions should be made other than by a formal law. These restrictions should respond to a compelling social need and be proportionate to the purpose.
  • § 8. The right to hold private property, and to the peaceful enjoyment of his or her property. Nothing in this clause shall invalidate any tax, duty or custom levied in accordance with the CSL, or an environmental regulation imposed on the development or use of land or natural resources.
  • § 9. The right to a government that takes actions to achieve a healthful environment, including clean air and water and a climate hospitable to life and supportive of agriculture. Provision shall be made in the CSL for the protection of the environment and for restrictions on the development of land and natural resources in furtherance of this clause.
  • § 10. Every person shall have access to governmental information, and the state shall exercise transparency in all functions, except as determined necessary by the CSL to protect the privacy of citizens and the security of the state.
  • § 11. Every person shall have the right to physical safety. All arms and weapons for those who are not on-duty police and military personnel are banned, with very limited exceptions granted for single-shot hunting rifles to be regularly licensed and stored according to the CSL.
  • § 12. The CSL shall not criminalize drug and alcohol use by individuals for personal use, which shall be treated uniquely within the sphere of public health.


Discuss this Section in more detail -> Article II Section B
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  • Section C: Positive Social and Economic Rights: The Scottish Government shall be constitutionally bound to progressively assure for all, regardless of income, that:
  • § 1. Every person has the right to have access to housing adequate to lead a dignified life.
  • § 2. Every person shall be entitled to a universal basic income and pension adequate for their dignity and well-being during their lifetimes.
  • § 3. Every person shall have sufficient state-funded physical and mental health care to lead a dignified life.
  • § 4. Every person shall have access to a state-funded education which allows them to reach their potential.
  • § 5. Every person from the age of 12 shall be provided with a Scottish Citizen Card, using the most modern distributed ledger and secure identity technology available, whose functions shall include but not limited to the following:
a. From the age of 16, voting in all elections and referenda
b. Access to a personal Scottish Citizen bank account, into which all social benefits can be deposited, including retirement, Scottish NHS transactions, universal basic income, and any others established in the CSL.
c. All personal and medical information included on each person's card account shall be strictly guarded according to the rigorous data protection law included in the CSL.


Discuss this Section in more detail -> Article II Section C
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  • Section D: Civic Obligations
  • § 1. All citizens and legal residents of Scotland, regardless of domiciliation status, shall be automatically registered to vote at 16 years of age, which may only be temporarily suspended during incarceration. Voting shall be conducted using the most modern distributed ledger technology available to facilitate 100% participation, and all citizens and legal residents shall be able to participate on all electoral levels. Given the will to achieve 100% participation using modern technologies and electronic voting, internet access for all citizens shall be ensured. By these means, internet access will be granted the status of public good, and completely free to ensure everyone can vote. If the access to internet for all cannot be effective, local internet devices must be accessible for citizens for the duration of the voting period.
  • § 2. All citizens and legal residents of Scotland not in detention shall be required to serve on juries, with reasons for discharge to be prescribed by the CSL.


Discuss this Section in more detail -> Article II Section D
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Article III – The Corpus of Scottish Law

  • Section A: Purpose of the Corpus of Scottish Law
  • § 1: The CSL shall make the entire Scottish legal code transparent and readily available online to all citizens and legal residents, that all may understand and follow the law under all circumstances.
  • § 2: The CSL shall be written in the clearest, most understandable language, syntax, punctuation, and wording possible, employing the simplest most broadly understood words available, that all citizens and legal residents clearly understand the law, preventing its misapplication and exploitation, seeking to universally assure equality of access to and treatment under the law.


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  • Section B: Structure of the Corpus of Scottish Law
  • § 1. The Corpus of Scottish Law shall be in the form of a single unified online document which shall be the authoritative source of law and regulation for Scotland.
  • § 2. The CSL shall be divided into spheres of law and further subdivided into domaines, and additional spheres can be developed through the constitutional and legal system.
  • § 3. The structure of the spheres shall include the following:
  • i. Antecedents to the sphere of law
  • ii. The object, purpose, and aims of the sphere of law
  • iii. The rights of citizens and legal residents (identical) in the sphere of law, which shall have constitutional status to amend
  • iv. The administration competent to apply the sphere of law, its structure, and its laws of operation
  • v. Domaine I of each sphere of law shall codify the administrative law of the competent administration
  • vi. Domaine II and additional domaines shall codify the applicable law
  • vii. Each domaine of applied law shall include the law, the methods, means, and resources allocated for the application of the domaine of law, and the justiciability of the domain.
  • § 4. The Bills of Rights contained within the Spheres of the CSL shall be amended in the same manner as the constitution.
  • § 5. The CSL shall complement and be bound by this Constitution, European Union Law, mechanisms for citizen participation, and international treaties and conventions to which Scotland is signatory.


Discuss this Section in more detail -> Article III Section B
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Article IV – Electoral integrity and Citizen Referenda

  • Section A: Fundamental procedural protections for elections, referenda, campaign finance, and anti-corruption
  • § 1. All elections and referenda shall be conducted using distributed ledger technology, or future equivalent, to assure complete transparency and accuracy of electoral results.
  • § 2. The Scottish Electoral Audit Board shall oversee and apply Electoral Law, and shall have the authority to overturn election and referendum results if sufficiently flagrant violations occur, and a new election/referendum shall be held, as specified in the CSL.
  • § 3. The CSL shall establish an enforceable Code of Conduct for all candidates and elected officials to assure that only people of impeccable honesty and integrity are qualified to hold office to be People's representative and to be eligible in any mandate. In addition, knowledge of this Constitution and the structure of the CSL shall be an eligibility requirement for all candidates.
  • § 4. Civil servant have to take an oath on the Code of conduct, establish by the CSL, to assure that only people of impeccable honesty and integrity to hold office. Civil servant have to prove devotion and loyalties to the Scottish State during the civil service examination, and have to serve the State for a minimum length fixed by the CSL.
  • § 5. The CSL shall regulate fundraising of parties, campaigns, officeholders, and civil servants, to get as close to a complete absence of corruption as is humanly possible.
  • § 6. The CSL shall regulate the duration for all elections and referendum campaigns, to assure minimal disruption to the proper functioning of government and assure equality between candidates.
  • § 7. The CSL shall assure the methodological integrity and accuracy of all research groups, studies, polls, campaign literature, and surveys which inform campaigns.


Discuss this Section in more detail -> Article IV Section A
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  • Section B: Referenda
A referendum is a binding consultation through popular vote over issues of vital importance, or legal provisions of regional, national or international scope. Initiatives that reduce rights and guarantees shall not be the subject of a referendum proposal. Referenda may serve the following purposes:
  • § 1. Recall elections of elected officials and civil servants
  • a. The Citizen Participation and Referenda section of the CSL shall establish the requirements and conditions for holding citizens' recall initiatives.
  • § 2. Citizen Constitutional and Legislative initiatives
The CSL shall provide mechanisms for citizens to:
  • a. amend or supplement the CSL in any sphere, except the constitution and social progress.
  • b. appeal executive decisions
  • § 3. Conflict resolution referendum
  • a. In matters of great importance to citizens, the President of the Scottish State or the Parliament may call upon the Scottish Electoral Auditor Board to hold a referendum to settle a situation of institutional conflict.
  • b. The Board shall also consider other conflicts to resolve through referendum.


Discuss this Section in more detail -> Article IV Section B
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Article V - The Presidency

  • Section A: The President of Scotland shall be elected by universal popular distributed ledger technology vote, and shall exercise the following functions:
  • § 1. Representing the liberty, independence and integrity of the Scottish nation, presiding over public ceremonies, and addressing the people on civic occasions and at times of crisis or emergency.
  • § 2. Dissolving Parliament on the advice of the Presiding Officer.
  • § 3. Withholding assent to legislation only in cases of legitimate demonstrable questions over its constitutionality.
  • § 4. Appointing members of the judiciary.
  • § 5. Granting pardons on the advice of the Minister of Justice
  • § 6. Appointing members of independent commissions as prescribed by the CSL.
  • § 7. Awarding civic honours in recognition of public service.
  • Section B: Election of the President of the Scottish State
  • § 1. All citizens and legal residents living in Scotland over 30 years of age shall be eligible to run for President.
a. All candidates for the office of President shall be of good moral character, and shall be required to pass the following in order for their name to be put on the ballot:
  • basic literacy test,
  • Scottish constitutional literacy test, and
  • financial and criminal background check.
  • § 2. The Presidential term shall last 5 years, limited to two terms.
  • § 3. The President shall be elected in a two-round process. In the first, all party nominees qualified by the Scottish Electoral Audit Board shall be voted upon in a single ballot. If one candidate receives in excess of 50% of the vote he/she shall win the election.
  • § 4. If no one candidate receives more than 50% of the vote in the first round, a second round vote between the two candidates who received the most votes shall be held two weeks after the first round. The candidate who receives more than 50% of the vote shall be elected president.
  • § 5. The presidential and parliamentary campaigns shall be held under the same law, and limits.
  • § 6. The President shall be sworn in one month after election.
  • § 7. The blank vote is recognized as a vote cast.
  • Section C: Succession and impeachment
  • § 1. In the case of death or incapacitating injury or disease of the President, the Presiding Officer will assume the functions of the Presidency pending a new election within 30 days.
  • § 2. The President can be impeached with according to procedure in the CSL. Allegations deemed sufficiently grave for impeachment shall include, but not be limited to, gross violations of universally applied law and/or personal misconduct.
  • Section D. Impeachment shall not offer immunity from prosecution for any crimes committed.


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Article VI– Parliament

  • Section A: Ultimate authority to amend and/or expand the Corpus of Scottish Law shall be invested in a unicameral Scottish Parliament.
  • § 1. The Sphere of Parliamentary Law shall regulate the Scottish Parliament in the following areas.
  • a. The eligibility requirements for election.
  • b. The total number of Deputies, which shall not be fewer than 120 members, nor exceed 200 members.
  • c. The duration of Parliamentary terms.
  • d. The process whereby the Prime Minister is elected.
  • e. The process of Parliamentary dissolution.
  • f. How Parliamentary vacancies shall be filled.
  • g. How the Presiding officer shall be chosen, who shall have the following functions during parliamentary debate:
i. Employing fact-checkers in real-time, verifying that sources of all statistics and facts cited during debate are accurate employing valid methodology.
ii. Correcting parliamentarians if inaccurate facts or statistics are cited.
  • h. The process of Parliamentary sessions and adjournments.
  • i. The composition and functioning of its corporate bodies.
  • j. Parliamentary voting procedure employing distributed ledger technology to amend/supplement the CSL, adopt resolutions, treaties, and any other parliamentary procedure
  • § 2. The Scottish Commission for Constitutional Development and Harmonization shall oversee any modification and/or addition to the CSL to assure full conformity with the following criteria:
  • All must conform to this Constitution.
  • All research which informs the CSL must be verifiably based on empirical science employing sound, valid, and coherent methodology.
  • All changes to the text of the CSL must conform to the linguistic and stylistic standards of the CCL (III,A,2).
  • Any changes must demonstrably improve individual rights, broaden participation in the democratic process, and/or improve the legal functioning of Scottish State institutions for the broadest possible social benefit.


Discuss this Section in more detail -> Article VI Section A
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  • Section B: Additional Parliamentary Powers
  • § 1. Parliament shall have the power, in time of war or public emergency, to extend its term of office for a period not exceeding 12 months, by means of a resolution passed by a two-thirds majority of its members.
  • § 2. The Parliament shall have the competence to appoint select committees to inspect and oversee the government and to scrutinize modifications or additions to the CSL.
  • § 3. Parliament shall have the authority to form administrative agencies to regulate the various sectors of the Scottish society and economy. Appointees and administrators heading these agencies shall demonstrably have appropriate and relevant experience to lead the agency for the improvement of its efficacy and benefits for broader society.
  • § 4. Parliament may appoint Commissions and Boards of Enquiry under terms of the CSL, and the composition, duration and remit shall be specified by parliamentary resolution.
  • § 5. Parliamentary committees, Commissions and Board of Enquiry shall enjoy the authority to subpoena official documents, files and other evidence, and the power to summon Ministers and other officials for hearings where they are compelled to answer questions.
  • § 6. Parliament, its committees and commissions, shall be open to the public and accredited press, and systematically video recorded unless a closed session is authorised, by a two-thirds majority vote, on the grounds of military secrecy, diplomatic security or public interest. A designated web site shall live-stream all proceedings and archive all footage for citizen’s access.
  • § 7. The CSL shall specify the method for designating the Presiding Officer


Discuss this Section in more detail -> Article VI Section B
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  • Section C: All members of Parliament shall:
  • § 1. Enjoy the freedom of speech and debate in Parliament, subject to the CSL sphere of Law of Parliament.
  • § 2. Enjoy the freedom to vote in accordance with their consciences through distributed ledger technology, free from imperative mandates, corporate and financial lobbying, binding pledges or intimidation.
  • § 3. Be entitled to a moderate salary, and other incidental allowances which shall not exceed 50% of their annual salary, with limited legally justifiable exceptions, to be automatically and publicly disclosed. Salary shall be based on parliamentary participation criteria established in the CSL.
  • § 4. Be subject to all of the same laws, regulations, and obligations as the rest of the population.
  • § 5. Be majority-time resident in the constituency they represent for at least the three years previous to their election, and other eligibility requirements specified in the CSL.
  • § 6. The CSL shall be modified over time to assure adhesion to these principles.


Discuss this Section in more detail -> Article VI Section C
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Article VII – The Council of Ministers

  • Section A: The executive power shall be vested in the Council of Ministers, which shall consist of a Prime Minister, a Deputy Prime Minister, and such other Ministers (including Junior Ministers and Ministers-without-portfolio) as may be required to conduct the Government of the State and represent the administration they lead under terms established in the CSL.
  • Section B: The Prime Minister shall be elected by Parliament from amongst its members, by open ballot and a simple majority vote. The duly elected Prime Minister-designate shall then be appointed by the President.
  • Section C: A Prime Minister shall be elected and appointed within 30 days after each parliamentary general election employing distributed ledger technology, and within 30 days after the death, resignation, or removal, of the former Prime Minister; and if a Prime Minister has not been elected during this time, Parliament may be dissolved, in accordance with the CSL.
  • Section D: The incumbent Prime Minister shall continue in office, following a general election, until their successor be elected and appointed in the manner prescribed in this Article; and during the interval between the death, resignation or removal of a Prime Minister, and the appointment of a successor, the Council of Ministers shall act in a caretaker capacity.
  • Section E: The Prime Minister shall be responsible to Parliament and shall be removed from office by the President if a vote of no-confidence is passed by Parliament by an absolute majority vote.
  • Section F: The Prime Minister may submit his/her resignation to the President on the grounds of illness, incapacity, or other due cause, but the resignation shall become effective only when endorsed by Parliament.
  • Section G: All other Ministers (including the Deputy Prime Minister, Ministers-without-portfolio and Junior Ministers) shall be appointed by the Prime Minister. They serve during the Prime Minister’s pleasure, but may be removed by a vote of no-confidence passed by an absolute majority and/or a citizens initiative.
  • Section H: The total number of persons holding ministerial office (including the Deputy Prime Minister, Ministers-without-portfolio and Junior Ministers) shall not at any time exceed one-fifth of the membership of Parliament. The Ministers shall be appointed from amongst the members of Parliament; provided, that up to one-third of the Ministers may be appointed from outside Parliament, on account of their specialist knowledge, experience, and qualifications. Ministers shall have relevant and extensive experience in the area over which they have ministerial competence, and clearly demonstrate a commitment to consistently improve its operation for the betterment of society.
  • Section I: The Council of Ministers, subject to the Constitution and the CSL, shall determine all matters of foreign and domestic policy. It shall direct the administration, conduct foreign relations, manage public finances, and ensure that the CSL is duly implemented and enforced. It may prepare draft legislation, and other business, to lay before Parliament.
  • Section J: The administrative officials, subordinate to the Council of Ministers, shall be organized as a permanent, professional and non-partisan civil service, which shall be based upon merit and shall be regulated by the Public Service Commission in accordance with the CSL.
  • Section K: The Prime Minister may appoint a number of Special Advisors, not exceeding 12, to advise and assist the Prime Minister in the preparation and delivery of policies. Special Advisors shall serve at the pleasure of the Prime Minister. They shall not be members of the permanent civil service, nor have any connection to undeclared outside interests, nor members of Parliament, but are subject to the Code of Conduct for public servants.
  • Section L: High command of the Armed Forces, subject to the Constitution and the CSL, shall be vested in the Council of Ministers.
  • Section M: No treaty or international agreement of any kind shall come into effect unless it is ratified by Parliament (either by a majority resolution or, to the extent that it concerns domestic law, by enabling legislation). Treaties delegating legislative, administrative, judicial, military or fiscal powers to a confederation, union, alliance or international organisation shall take effect only if ratified by a two-thirds majority of Parliament.


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Article VIII – Judiciary

  • Section A: The judicial authority shall be vested in the Supreme Court, the Court of Session, High Court of Justiciary, Sheriff Courts, and such other Courts and Tribunals as may be established by the CSL.
  • Section B: The Supreme Court shall consist of seven members. It shall have final binding appellate jurisdiction over all questions concerning:
  • § 1. The validity of modifications and additions to the CSL, treaties, under the terms of this Constitution.
  • § 2. Constitutional judicial review and interpretation.
  • Section C: Judges of the Supreme Court, members of the Court of Session and High Court of Justiciary, Sheriffs, and all other members of the judiciary, with the exception of Justices of the Peace, shall be appointed by the President, on the advice of the Scottish Commission for Constitutional Development and Harmonization.
  • Section D: Members of the judiciary shall serve a maximum of 2, 5-year terms during good behaviour. They may only be removed on the grounds of misconduct, neglect of duty, or incapacity, by means of a motion of censure passed by a two-thirds majority vote of Parliament, on the advice of the Scottish Commission for Constitutional Development and Harmonization.
  • Section E: Judicial office shall be incompatible with all other public offices and with membership of any political party. Additional incompatibilities may be prescribed by the CSL.
  • Section F: The salaries and privileges of members of the judiciary shall be determined by the CSL, and shall not be diminished during their tenure.
  • Section G: Members of the judiciary shall be reassigned after their terms, or retire on pensions upon reaching the retirement age prescribed by the CSL. Early retirement may be granted by the Judicial Appointments Council on the grounds of illness or infirmity.
  • Section H: The Advocate General shall be appointed by the Council of Ministers, after consultation with the Judicial Appointments Council, for twice renewable five-year terms. The organisation of the Judicial Office, and procedures for the appointment of Attorneys General, shall be determined by the CSL.
  • Section I: The right of pardon, and of remitting punishments, shall be vested in the President, and exercisable upon the advice of the Minister of Justice, given after he or she has considered the recommendations of an independent Pardons Board to be established according to the CSL.


Discuss this Section in more detail -> Article VIII
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Article IX – Regional and Municipal Government

  • Section A: Each District and Municipality may develop their own Citizens Charters and other governing documents, in accordance with this Constitution and the CSL.
  • Section B: All regional and municipal administrations shall to the fullest extent possible employ distributed ledger technology for all elections, contract management, licensing, issuing benefits, and all other functions.
  • Section C: For the purposes of local government and administration, Scotland shall be divided by the CSL into Regions and Municipalities. The borders and composition shall be adaptable through due process and local referenda, according to the CSL.
  • Section D: All citizens and legal residents of each region or municipality shall elect the Mayor, Vice-Mayor or other offices created by their citizens charters to preside over the Council and to represent the Council in its external affairs.
  • Section E: District and Municipal Councils shall have such legislative, administrative and fiscal competences devolved to them in accordance with the principle of subsidiarity, the scope and domains of which shall be determined by their Citizens Charters in harmony with this constitution and the CSL.
  • Section F: Regions and Municipalities may be further sub-divided into Communities and Burghs, each with its own Community or Burgh Council. The boundaries, powers and organisation of the Community and Burgh Councils shall be determined, by District and Citizens referenda, in accordance with the CSL.


Discuss this Section in more detail -> Article IX
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Article X – Ombudsmans and Auditors

  • Section A: Citizens Ombudsmans Bureau
  • § 1. The Ombudsman’s Bureau shall protect and defend the rights and freedoms recognized by this Constitution, and shall exclusively oversee:
  • a. The management of the civil service of the Scottish State, and the activity of public or private organizations, be they associated or dependent.
  • b. The activity of private companies which manage public services, or perform activities in the general or universal interest, or equivalent activities in an agreed or indirect manner.
  • c. The activity of persons who have a contractual bond with the administration of the Scottish State or the dependent public agencies.
  • d. All other activities and functions determined by the CSL.
  • § 2. The Ombudsman’s Bureau shall supervise the activity of local administrations, and public or private organizations be they associated or dependent, in a subsidiary manner in relation to local auditors.
  • § 3. The Ombudsman’s Bureau can request reports from various institutions over how to improve the application of fundamental Constitutional rights, and submit modifications or additions to the CSL to the Parliament for consideration.


Discuss this Section in more detail -> Article X Section A
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  • Section B: Board of Financial Auditors
  • § 1. The Board of Financial Auditors externally audits accounts, financial management and administrative efficiency of:
  • a. The local and national governing bodies of the Scottish State and the rest of the public sector of Scotland, as well as public or private organizations be they associated or dependent.
  • b. Public resources used by private companies that manage public services, or perform activities in the general or universal interest, or similar activities in an agreed or indirect manner.
  • c. Public resources used by persons under contract with the administration of the State and by dependent public agencies.
  • d. All other financial resources and agencies determined by the CSL.
  • § 2. Specifically, the Board of Financial Auditors shall effectively monitor the administration's transparency to eliminate fraud and corruption.
  • § 3. All persons and agencies listed in paragraph 1 of this Article shall submit their accounts to the Court of Financial Auditors under the terms established by law.


Discuss this Section in more detail -> Article X Section B
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  • Section C: Environmental Audit Board
  • § 1. The Environmental Audit Board serves to protect the right to common property and the environment for current and future citizens, and to this end shall:
  • a. Oversee the proper implementation of all public and private activities.
  • b. Guarantee the citizens’ right to receive permanent, continuous, correct, and proven information over the condition of the natural common property, the natural environment, the impact of planned actions and their implementation.
  • c. Ensure that all projects, if appropriate, have the mandatory and proper report evaluating its ecological impact.
  • d. All other functions as determined by law.
  • § 2. On request of the Council of Ministers or the Parliament, the Environmental Audit Board shall report on the environmental impact of modifications or additions to the CSL submitted to the Parliament for debate and adoption.


Discuss this Section in more detail -> Article X Section C
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  • Section D: Electoral Audit Board
  • § 1. The Electoral Audit Board is the authority in charge of electoral processes, and shall have the following functions and competences, employing distributed ledger technology at all levels:
  • a. Prepare, monitor, update, and publish the electoral roll.
  • b. Call, organize, and supervise all elections, referenda, consultations, as specified by the CSL.
  • c. Define the composition and roles of electoral boards.
  • d. Oversee the vote count and announce the results.
  • e. Maintain the strict neutrality, transparency, and proven accuracy of the processes.
  • f. Facilitate the broadest possible political participation.
  • g. All other functions determined by this Constitution and the CSL.
  • § 2. The Electoral Audit Board hears the claims and appeals in electoral issues, under the terms determined by the CSL, with the authority to overturn electoral results if the infractions are sufficiently grave.


Discuss this Section in more detail -> Article X Section D
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  • Section E: Broadcasting and Media Audit Board (BMAB)
  • § 1. The BMAB is the authority in charge of guaranteeing the accuracy, veracity, decency, and honesty of journalistic practice for those media outlets seeking accreditation in Scotland.
  • § 2. The BMAB shall have the competence to develop specific media and journalistic standards, included but not limited to the following:
  • a. Proven accuracy of information presented, always with the opportunity and legal obligation to correct or retract after the fact when information is clarified or shown to be demonstrably false.
  • b. Respect for all people’s privacy and human rights, with the right of the BMAB to take the conduct of the entire media corporation into consideration when evaluating the eligibility for accreditation.
  • c. Use of deceptive editing and manipulation to convey false impressions shall be taken into consideration.
  • d. Character assassination and ad hominem attacks on anyone, or any other violations of privacy and human rights.
  • § 3. All media organizations operating in Scotland receiving accreditation:
  • a. Shall have access to media accreditation for all local and national governments in Scotland for their journalists.
  • b. Along with all citizens, legal residents, and accredited research groups, uniquely have access to Freedom of Information requests from the Scottish Governments.
  • c. Shall be eligible for grants from the Citizens Media Fund.
  • § 4. All effective legal tools shall be employed to ensure the demonstrable impartiality of the BMAB.


Discuss this Section in more detail -> Article X Section E
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  • Section F: Digital Citizenship and Privacy Auditors (DCPA)
  • § 1. Digital Citizenship shall be afforded to all legally living and working in Scotland irrespective of nationality, comprehensively underpinned by distributed ledger technology and/or its most modern variant. A Scottish Citizen Identity Card and electronic card reader shall be provided to everyone over 12 years of age, which shall employ Holographics, embedded Holograms, Bar Codes, PDF symbology, colour shifting inks, UV printing Guilloche patterns, Micro and Nano text holoimages, and any other technologies befitting standard best-practice, and shall provide the following capacities:
  • a. To digitally vote in elections and referenda after the age of 16.
  • b. To directly provide all social benefits, including but not limited to guaranteed universal basic income, retirement, and NHS services.
  • § 2. The digital privacy of all bearing Scottish Citizen Identity Cards and their children under 11 years of age shall be assured by the Digital Citizenship and Privacy Board, which:
  • a. Shall ensure the digital privacy of all bearing the cards, employing the best practices and highest standards of the time which shall be completely transparent.
  • b. Shall be obliged to maintain a firewall between personal information and commercial data, with transparent standards for differentiating the two.


Discuss this Section in more detail -> Article X Section F
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  • Section G: Composition and functions of the auditors
  • § 1. Each audit office consists of five auditors. They shall be elected for five year terms, renewable once, through universal, free, equal, direct, provably valid, and secret suffrage. Single-name constituencies shall be used to ensure adequate representation throughout Scotland.
  • § 2. The Electoral Law domain of the CSL shall establish the candidacy requirements to elect independent, responsible, impartial, wise and professional auditors with proven relevant expertise, as appropriate to each auditors body. The Electoral Audit Board shall validate the candidates according to the CSL.
  • § 3. The auditors shall operate with impartiality and independence, are inviolable for the opinions expressed in the discharge of their duties, and can only be removed from office through recall elections for the reasons established by the CSL.
  • § 4. The law shall regulate the legal status of the members of the Electoral Audit Board, their eligibility requirements, reasons for dismissal, and the powers attributed to them. Auditors cannot be members of political parties, and cannot engage in any other public or private professional activity, except those expressly determined by the CSL.
  • § 5. Each auditors body shall enjoy regulatory, organizational, and functional autonomy, with a budget sufficient to effectively carry out their functions, according to the CSL.
  • § 6. Each auditor body shall prepare their own budget, which shall be submitted for the approval by the Parliament, and shall be held accountable.
  • § 7. Public administrations and the agencies and persons shall fully cooperate with auditors. The sanctions and the mechanisms to enforce compliance shall be established by the CSL.
  • § 8. Each auditor body shall provide the Parliament with an annual report of its activities, and shall be held accountable. These reports may include suggestions to modify the CSL to improve the quality of their work.
  • § 9. In the discharge of their duties, and to ensure compliance with their objectives, auditors have the authority to impose sanctions, under terms established by the CSL.


Discuss this Section in more detail -> Article X Section G
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  • Section H: Board of Auditors
  • § 1. The Board of Auditors coordinates the auditors and is composed by a representative from each auditors body and a representative from local auditors.
  • § 2. The Board of Auditors shall:
  • a. Coordinate the proper functioning of the auditors body and their employees.
  • b. Elect and appoint members of regulatory agencies, on a proposal of the relevant auditors body.
  • c. Organize the shared services of the auditors bodies.
  • d. Summon local auditors to discuss issues relating to their jurisdiction.
  • e. Perform any function similar to those enumerated above, as expressly determined by law.
  • § 3. The Board of Auditors meets on request of any of its members, and is chaired by an auditor elected for each session. The decisions of the Board of Auditors are taken by a majority vote of its members. In case of a tie, the auditor chairing the meeting shall cast the deciding vote.
  • § 4. All public servants and workers have the duty to appear before the Board of Auditors upon a valid summons. The request must be strictly related to the auditor's functions, and shall never respond to political complaints.
  • Section I: There shall be numerous mechanisms for creating independent, non-partisan, commissions to focus on specific questions.


Discuss this Section in more detail -> Article X Section H & I
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Article XI – Defence, Peace and Conflict Resolution and Foreign Relations

  • Section A: The Scottish State, through the Scottish Department of Peace and Conflict Resolution, shall be devoted to promoting internal and international peace and security, maintaining just and honourable relations between nations and peoples, fostering respect for international law and treaty obligations, and encouraging the settlement of international disputes through arbitration
  • Section B: Acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially through the means of aggressive military actions, shall be unconstitutional.
  • Section C: Collective Security: The Scottish State may enter into formal collective security organisations but will only do so with the consent of the Council of Ministers and with a two-thirds majority endorsement of the Scottish Parliament.


Discuss this Section in more detail -> Article XI Sections A, B & C
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  • Section D: Military Activity. Any deployment of Scottish Defence Forces, even if that deployment is to number just one single official, can only proceed after:
  • § 1. a formal and public deployment decision by the Council of Ministers;
  • § 2. a formal endorsement of that decision by the Scottish Parliament;
  • § 3. a UN Security Council Resolution validating the deployment to which Scottish Defence Forces are to be committed.
  • § 4. The requirements stipulated extend not just to Scottish Defence Force personnel but also to any Officers of the Scottish State (including police and prison officers) who might be sent to participate in training, assistance or development programmes in overseas conflict or post-conflict settings.


Discuss this Section in more detail -> Article XI Section D
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  • Section E: In the event of a failure to secure deployment assent from both the Scottish Parliament and the UN, it will be deemed unconstitutional for the Scottish Government to aid in any way the proscribed military or security activity in question. This ‘aid’ includes:
  • § 1. providing financial contributions – direct or indirect – which might work to support the activity in question
  • § 2. any donation or sale of material which might be seen to facilitate or aid the activity in question.
  • § 3. allowing the use of Scottish land, coastal waters or airspace for any activities which may be connected with the activity in question.


Discuss this Section in more detail -> Article XI Section E
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  • Section F: Nuclear Weapons:
  • § 1: The stationing of nuclear weapons in Scotland’s land and waters is prohibited. An exception shall be made for 2 years from the date when this constitution takes effect during which time nuclear weapons may be stored in Scotland prior to their removal. During this period all activity supporting the operational deployment of these weapons shall be prohibited.
  • § 2. The Scottish State prohibits any of the following acts or activities relating to nuclear weaponry taking place on its soil, territorial waters or airspace:
  • a. The development, manufacture, possession or control of nuclear weapons;
  • b. The stationing or transportation of nuclear weapons by any means;
  • c. The testing or use of nuclear weapons;
  • d. The dumping or disposal of nuclear weapons grade radioactive material or nuclear waste.
  • § 3: Transportation through the territory of Scotland of nuclear weapons, parts or components thereof, as well as of nuclear waste or any other nuclear material designed or produced for weapons purposes shall be prohibited and will be deemed a criminal offense.


Discuss this Section in more detail -> Article XI Section F
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Article XII - The Corpus of Scottish Treaties, Charters, and International Agreements

  • Section A. The Corpus of Scottish Treaties, Charters, and International Agreements shall include all the international agreements which Scotland has adopted.
  • Section B. The Corpus of Scottish Law shall be consistent with the treaties, charters, and international agreements which have been adopted.
  • Section C. Any clause of any treaty which is contrary to this Constitution shall not be applied, with such clauses annotated with valid justification.
  • Section D. Mechanisms for adoption of treaties and charters shall be specified in the CSL, which shall include:
  • Mechanisms to implement international standards on the CSL.
  • Mechanisms to withdraw from treaties
  • Mechanisms to amend treaties by mutual consent of signatories


Discuss this Section in more detail -> Article XII
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Article XIII – Land and territorial waters, and the environment

  • Section A: The territory of Scotland comprises all the mainland and islands of Scotland, plus the territorial waters boundaries in vigor in 1982, as recognized by international law. There shall be a digital map created and maintained using the most recent technology available which shall document in real time all land ownership boundaries, buildings, roads, infrastructure, environmental conditions, terrain, and other natural resources.
  • Section B: The totality of the territory, buildings, and other goods within its land and territorial waters requiring legal title in Scotland shall be registered and taxed exclusively with the Scottish government. Complete transparency on ownership is required for the bearer to register and maintain title. Land and goods for which legal title cannot be legitimately established according to the CSL shall revert to public ownership.
  • Section C: All use of eminent domain in the acquisition of land and property must be transparent and demonstrably in the public interest, conducted exclusively by public agencies of the Scottish government, with fair and immediate compensation for expropriated property.
  • Section D: The powers of the Scottish land management agency shall include, but not be limited to, maintaining the title registry of land, assuring that EU and other subsidies are directed towards the valid recipients, and rigidly enforcing regulation based on peer reviewed science. Sufficient resources shall be furnished by the Scottish government to enforce these and other measures, and the CSL shall provide for the shielding of regulators from the influence of the entities they regulate.
  • Section E: Environmental Law
  • § A: All environmental law shall be applied to the totality of the land and territorial waters in Scotland, including transport.
  • § B: All persons, individually and collectively, have the right to the protection of the common natural resources of Scotland. These include natural systems created by the interaction of solar energy with air, water, soil, and subsoil.
  • § C: All persons have the duty make responsible use of common natural resources, from an ecological, economic, and social perspective. The productive sectors are legally bound to use common natural resources in a way that does not degrade the environment or hinder regeneration.
  • § D: All chemicals, devices, and techniques used in all industry and energy extraction shall be declared and regulated. Chemicals deemed too toxic to be used through exclusively peer-reviewed scientific methods shall be banned. All ingredients in all foods and drinks, including all those which are genetically modified, shall be clearly labelled on the package. Under all circumstances, the burden of proof shall fall on the industries to prove their products and techniques are safe, rather than on the state to prove their harm.


Discuss this Section in more detail -> Article XIII
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Article XIV – Financial Regulation

  • Section A: All banks operating in Scotland must separate their investment and commercial operations, and/or continuously prove that that there are sufficient reserves to guarantee consumer deposits in their commercial operations in Scotland.
  • Section B: The Scottish government shall have the authority to set the leverage ratio for investments and financial products which bind all financial institutions operating in Scotland. The repayment of any loan or credit in excess of 15% annual percentage rate interest shall not be compelled. Provisions shall be made by the CSL to assure that the interests of consumers are represented and respected in the financial regulation process.
  • Section C: Upon this constitution coming into effect, the Scottish government shall establish a sovereign wealth fund for all revenue from its natural resources within its territorial waters. All revenue from natural resources and energy production shall be publicly held and invested in the public sector.
  • Section D: The Currency
  • § 1. The National Currency of Scotland shall be the Scots Pound divided into 100 pence. It will be Constitutional Money guaranteed by the State under the Constitution. It shall be the sole legal tender and circulating medium of exchange comprising cash and all credit instruments. It will be issued free of debt by the Scottish Financial Auditor. The origination or placing into circulation of any other money or money substitute denominated in the national currency shall be an act of counterfeit.
  • § 2. The Scots Pound will be legal tender and carry the guarantee of the State only within Scotland’s borders.
  • § 3. In the exercise and function of its jurisdiction, the Scottish Financial Auditor will be independent of the legislative and executive branches of the Government. Its members will be nominated by a Public Appointments Commission, and appointed by Parliament by a simple majority vote in a secret ballot. The Scottish Financial Auditor shall be funded by making its own requisition upon the normal revenues of the State.
  • § 4. The primary executive arm of the Scottish Financial Auditor shall be The Central Bank of Scotland which will originate the currency and regulate its distribution through the Chartered banking system. The Charter shall preclude any foreign national or corporation from the ownership or effective control of any commercial banking institution chartered under this Constitution.
  • Section E: Taxation
  • § 1. Parliament is empowered to raise taxes as required to maintain economic stability, to protect the National Currency of Scotland against inflationary degradation and to discourage behaviours deemed undesirable by the elected Parliament. Such behaviours shall be defined in the CSL.
  • § 2. In determining its domestic tax strategies the Government shall favour taxation derived from consumption and land values rather than impositions upon earnings from employment.
  • Section F: The principles contained in Sections D & E above shall be conditioned by the relevant conditions detailed in the Corpus of Scottish Law.


Discuss this Section in more detail -> Article XIV
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Article XV –Public Services and Privatisation

  • Section A: All natural infrastructure monopolies, including but not limited to the electrical grid, water and wastewater infrastructure, gas and oil pipelines, the Scottish airspace and air traffic system, and the railroad infrastructure shall be permanently publicly owned and maintained through public funds. There shall be a Scottish state-owned company operating in all natural monopolies, and the Scottish state shall regulate all sectors to ensure carefully managed and demonstrably fair competition.
  • Section B: All public services and institutions, including but not limited to the Scottish National Health Service, police, prisons, schools, welfare, refuse collection, electoral boards, land and property assessors, and any other institutions established to exclusively serve the public interest, shall be publicly owned; operated, and regulated by the Scottish Government. Any private contracting for assisting the provision of services can be tendered, while facilitating companies of any size to participate in the bidding process.
  • Section C: The awarding of all government contracts on all levels shall be conducted through a transparent competitive bidding process, managed in real time using distributed ledger technology, with legitimate reasons for determining the grantee made available for scrutiny to the public and the financial auditor before funds can be appropriated. All state contracts shall be published and transparent. Under no circumstances shall the denial, cancellation, or alteration of a pubic contract be legal grounds to sue the Scottish State.


Discuss this Section in more detail -> Article XV
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Article XVI - Affirmation of office

All human beings employed by the Scottish state shall take the following oath.
I ............................... categorically affirm that I shall bear true faith and allegiance to the people of Scotland, and that I shall faithfully and conscientiously perform my duties as [function] in accordance with this Constitution and the Corpus of Scottish Law, uniquely employing empiricism, logic, rationality, empathy, and good will, without fear or favour.


Discuss this Section in more detail -> Article XVI
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