Corpus Of Scottish Law

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Contents

Sphere 0 - Law of Referendum on Self-Determination and Constitutional Confirmation for the Scottish State

Antecedents to the sphere of law

Section A: The holding of a referendum on Scottish self-determination and constitutional confirmation is justified under international law:
§1. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly on December 19, 1966, ratified by the United Kingdom and in force since May 20, 1976, recognizes peoples' self-determination as a fundamental human right.
§2. Scotland is recognized as a nation and Scots as a distinct people within the United Kingdom constitutional framework.
§3. The United Nations Commission on Human Rights Resolution 1999/57 on "Promotion of the Right to Democracy" proclaimed the principles enshrined in the Universal Declaration of Human Rights shall be at the foundations of every Democratic society. Democratic governance has thereby been internationally accepted as a pillar of contemporary society, categorically affirming the right to direct and indirect citizen political participation, and rights to human dignity and liberties; including the freedom of expression and opinion, freedom of thought, and freedom of association.
§4. These are all recognized in the principal universal and European international treaties for the protection of human rights. Therefore, they affirm that the democratic resolution of any political and/or constitutional conflict must occur with full respect for these human rights and fundamental liberties.
Section B: Based on the Claim of Right established in 1989, and recognized both by the Scottish Parliament and the United Kingdom Parliament, the Scottish people are sovereign and therefore have the inalienable right to decide the form of government they wish to live under:
§1. The Claim of Right ratified on March 30, 1989 holds that "We, gathered as the Scottish Constitutional Convention, do hereby acknowledge the sovereign right of the Scottish people to determine the form of Government best suited to their needs, and do hereby declare and pledge that in all our actions and deliberations their interests shall be paramount."
§2. On January 26, 2012, The Scottish Parliament passed Motion S4M-01822 confirming “That the Parliament acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs and declares and pledges that in all its actions and deliberations their interests shall be paramount.”
§3. On July 4, 2018, a Motion was passed in the House of Commons unanimously affirming:'"That this House endorses the principles of the Claim of Right for Scotland, agreed by the Scottish Constitutional Convention in 1989 and by the Scottish Parliament in 2012, and therefore acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs."
Section C: The Scottish Government currently has a 'triple-lock' Mandate to hold a referendum on self-determination in Scotland:
§1. In the May 2016 Scottish Parliamentary elections, a Scottish Government was elected on a Manifesto committed to a referendum if certain conditions were met. This included if there was a 'material change' to Scotland's constitutional status, for example Scotland being withdrawn from the European Union against her will, which is presently occurring.
§2. A majority of pro-Independence Members of Parliament were returned to the United Kingdom Parliament in the 2017 United Kingdom General Election after standing on a manifesto committed to a referendum.
§3. On August 9, 2018, The Scottish Parliament passed a motion to request a Section 30 Order for the United Kingdom to allow a legally binding independence referendum.
Section D: The constitution and the actions of the United Kingdom government have irretrievably undermined Scotland's constitutional arrangements within the United Kingdom based on consent. Governments derive their just powers from the consent of the governed. Whenever any form of Government is no longer based on consent, it is the right of the people to alter or to abolish it, and to institute a new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to protect their sovereignty and institute a just government based on a written, codified constitution.
§1. Section 28, Subsection 7 of the Scotland Act of 1998 specifying the lawmaking powers of the Scottish parliament reads "This section does not affect the power of the Parliament of the United Kingdom to make laws for Scotland."
§2. In the wake of the promises made in 'The Vow' prior to the September 2014 Scottish Independence referendum, the Scotland Act of 2016 was to be amended to make the Sewel convention solidly anchored in statute, whereby any changes to devolved laws could only be made through the mutual consent of the Scottish and United Kingdom governments.
§3. Pursuant to this commitment, in section 28 of the Scotland Act of 1998 (Acts of the Scottish Parliament) the following subsection was added: “(8)But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.”
§4. In the United Kingdom Supreme Court case R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, the Court held in Section 151: "In reaching this conclusion we do not underestimate the importance of constitutional conventions, some of which play a fundamental role in the operation of our constitution. The Sewel Convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislatures. But the policing of its scope and the manner of its operation does not lie within the constitutional remit of the judiciary, which is to protect the rule of law."
§5. The United Kingdom Government is thereby constitutionally incapable of respecting the constitutional arrangements for Scotland, and therefore can remove powers or even abolish the Scottish Parliament without the consent of the Scottish people.

Therefore, the Scottish Government has the legal right under international law, sovereignty even under UK constitutional arrangements, irrefutable political mandates, and just cause to hold a referendum on self-determination and constitutional confirmation, because the United Kingdom no longer rules Scotland by consent, to the extent it ever did.

Object, purpose, and aims of the sphere of law.

Section A: This law establishes a legal structure to regulate and guarantee the referendum on self-determination and constitutional confirmation for Scotland. It thereby supersedes all laws and norms with which it may conflict, including UK Parliamentary Sovereignty, as it enables the exercise of a fundamental and inalienable right of the Scottish people.
Section B: To permanently establish the Scottish Electoral Audit Board, which shall oversee the confirmation using a hybrid paper/distributed ledger technology (DLT) process.
Section C: To provide the legal framework to hold a binding confirmatory process to dissolve the Act of Union of 1707 and enact the Constitution of the Scottish State.

Citizens' rights within the sphere of law.

Section A: The right to vote for or against the self-determination and constitutional confirmation process.
Section B: The right to definitively confirm in perpetuity that their vote was properly counted and recorded.
Section C: All persons over the age of 16 legally residing in Scotland shall have the right to vote.

Domaine I : Law of the The Scottish Electoral Auditor

The Scottish Electoral Auditor shall have the following functions:

Section A: Oversee that all people within the franchise specified within this Sphere of Law are automatically registered to vote, with provision made for late registrations on the day of the vote with proper documentation.
Section B: Verify that the vote was correctly counted using DLT.
Section C: Register all campaign participants, oversee all spending limits, with authority to refer groups which violate said limits to criminal sanction.

Domaine II : Law of Functioning of Referendum

Section A: Upon adoption of this Sphere of Law, any remaining sovereignty held over Scotland by the United Kingdom Crown in Parliament shall be suspended, and would only be partially restored if there is a 'no' vote for self-determination and constitutional confirmation.
Section B: The referendum on self-determination and constitutional confirmation for the Scottish State shall be held on May 26, 2019 from 8:00-20:00, concurrently with European Parliamentary elections.
Section C: In the 4710 polling stations in Scotland in the 32 local Councils, a hybrid paper/DLT voting system shall be employed.
§1. Upon arrival at the polling station and presentation of a valid form of identification, the voter shall be furnished with two sets of two ballots of carbon copy doubles, each bearing the same bar code which corresponds uniquely to the voter: one for the referendum on self-determination and constitutional confirmation and one for the European Parliamentary elections.
§2. Upon marking the vote on each ballot with a carbon copy, the voter will scan the ballot onto the DLT database. One paper ballot clearly marked 'Scottish State Copy' will be entered into a non-transparent ballot box, and the clearly marked 'Scottish Citizen Copy' will be kept by the voter.
§3. Immediately after the polls have closed, at the polling stations the poll workers will physically count the ballots, confirm that they correspond to the results on DLT, then rescan all of the ballots to verify that they are properly counted if discrepancies arise.
§4. The 'Scottish State Copy' ballots will organized into 'yes' and 'no' votes for each polling station, then collected and kept in the Scottish Government archives in perpetuity organized in this manner.
Section C: A 'yes' vote to the referendum on self-determination and constitutional confirmation shall initiate the 18-month process of further refining the Constitution, developing the Corpus of Scottish Law and developing the Scottish Institutions, all bound and in conformity with the Corpus of Scottish treaties.

Appeals process

Section A: All voters will be able to verify their vote both on the digital ledger and in the Scottish government archives in perpetuity.


Discuss this Sphere in more detail -> Sphere 0
Formally Propose_Amendment_to_Sphere_0

Sphere I - Constitutional Development and Harmonization

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1. To establish the law according to which the constitution and CSL is overseen
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Commission for Constitutional Development and Harmonization shall have competence over the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere II - Citizenship, Language, Immigration and Naturalization Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Citizenship, Immigration and Naturalization shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere III - Peace, Civil Rights, and Conflict Resolution Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department for Peace, Civil Rights, and Conflict Resolution shall apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere IV - Law of Citizen Participation, Community Empowerment, and Referenda

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
All citizens and legal residents have the inalienable right:
1. To participate in public affairs under equal conditions, either directly or through freely elected representatives in periodic elections of proven transparency, validity, and accuracy.
2. To run for office as a candidate for any political or representative office under equal conditions and according to the CSL.
3. To participate in the parliamentary law-making process, either directly or through associations.
4. To promote recall elections of elected officials, citizen legislative initiatives, and citizen initiative referenda, within the forms and conditions stipulated in the CSL.
5. The CSL shall incorporate mechanisms for citizen and legal resident participation, and shall regulate the exercise of these rights.
D. Administration exercising competence over the sphere of law.
The Scottish Electoral Auditor shall apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere V - Digital Citizenship and Privacy Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Digital Citizenship and Privacy Auditors shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere VI - Electoral, Campaign, and Anti-Corruption Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Electoral Auditor shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere VII - Law of Integrity Standards for Individuals, Privacy, Procurement, Contracts, and Media

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Broadcast and Media Audit Board shall be competent to apply the sphere of law, its structure, and its laws of operation
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere VIII – Law of the Scottish Presidency

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Administration of the Presidency shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a. States of Emergency
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere IX - Law of the Scottish Government

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
TBD
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere X – Law of the Scottish Parliament

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
TBD
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a. Salary level based on Parliamentary participation criteria
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XI - Law of Territorial and Municipal Government Institutions

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
TBD
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XII - Law of the Scottish Judiciary

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
TBD
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XIII - Law of Scottish Foreign Affairs

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of State shall have competence over the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XIV - Law of Defence, Security, and Intelligence

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Defence, Security, and Intelligence shall apply the sphere of law, its structure, and its laws of operation
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XV - Law of Revenue, Taxation, and Financial Regulation

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Financial Auditor apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XVI - Law of Employment, Housing and Social Benefits, and Business Development

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Employment, Social Benefits, and Business Development shall apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XVII - Law of the Arts and Sciences

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Foundation for the Arts and Sciences shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XVIII - Law of the Environment and Land Management

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Environment and Land Management Auditor shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XIX - Technology, Industry and Infrastructure Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Technology, Industry and Infrastructure shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XX - Family and Social Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of the Family and Social Cohesion shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXI - Education Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Education shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXII - Health and Medical Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Medicine and Social Care shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXIII - Agriculture and Fisheries Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Agriculture and Fisheries shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXIV - Transport and Public Services Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Transport shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXV - Civil Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
1.
2.
3.
D. Administration exercising competence over the sphere of law.
The Scottish Department of Transport shall be competent to apply the sphere of law.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.


Sphere XXVI - Penal Law

A. Antecedents to the sphere of law
1.
2.
3.
B. Object, purpose, and aims of the sphere of law.
1.
2.
3.
C. Citizens' rights within the sphere of law.
The Rights of the Accused: The Scottish Judiciary shall be bound to respect the following rights in all civil and criminal cases.
1. Persons will be deprived of liberty only in accordance with due process.
2. Every person who is arrested, or detained shall be informed as soon as is possible of the evidence and charges against them.
3. Every person who is arrested or detained shall be brought before a competent court and tried as soon as possible.
4. Every person has the right to fair and impartial judicial proceedings.
5. Trials shall be conducted in public and judgment shall be pronounced publicly. Recordings will be made of all proceedings, with exceptions specified in the CSL.
6. Every person charged with a criminal offence shall be presumed innocent until proven guilty.
7. To be rapidly informed of the charges, in a language which he or she understands
8. To have adequate time, facilities, and resources to prepare a defence, and to privately confer with counsel.
9. To be defended in person or through a legal practitioner of his or her own choosing.
10. To financial assistance necessary to secure adequate legal assistance. An adequately staffed and funded public defenders office shall be established, that each lawyer has a reasonable caseload to provide quality counsel.
11. To have compulsory processes to summon and examine witnesses in his or her favour.
12. To have all proceedings in court connected with the charge against him or her translated by a competent interpreter into the language which he or she best understands, if that language is not the language of the Court.
13. Everyone convicted of a criminal offence shall have the right to appeal their conviction to a higher tribunal, on grounds specified in the CSL.
14. The right to trial by jury shall not be suspended, restricted, or abridged.
15. No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation or repay a financial debt.
16. No person shall be subjected to torture, or to inhuman or degrading treatment or punishment, nor condemned to death or executed.
17. No person shall be held in slavery or servitude, nor shall any person be required to perform forced or compulsory labour.
D. Administration exercising competence over the sphere of law.
The Scottish Penal Courts shall be competent to apply the sphere of law, its structure, and its laws of operation.
E. Content of the sphere of law
Domaine 1 : Institutional Administrative Law
a.
b.
c.
Domaine 2 : Applied Law and the mechanisms for application
a.
b.
c.
F. Justiciability of the Domaines
1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.