Propose Amendment to Article VII

From ScottishConstitution.Com
Jump to navigation Jump to search

Please click the Edit link above, between Read and View History, and make your proposed amendments to the text. If you do not see the Edit link, please login and try again.

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.

Justification for Amendment

Tell us why you would like to make this amendment.