Malcolm Rivera
In 2017, the Scottish National Party (SNP) published a draft of the first constitution for an independent Scotland. This would be the first written constitution for any part of the UK. The constitution would legally assert the sovereignty of the Scottish people, with the Queen as head of state, and enshrine the European Convention on Human Rights in law. It would also tackle climate change and ensure the removal of Trident nuclear weapons. The constitution is designed to be a temporary skeleton version that would come into force if Scotland becomes independent.
| Characteristics | Values |
|---|---|
| Has a written constitution | No, but a draft was published in 2017 |
| Constitution for an independent Scotland | Yes |
| Head of State | Queen, with the title "Queen of Scots" |
| Referendum on the future of the monarchy | To be held within the first term of a post-independence Parliament |
| Powers of the Head of State | Executive powers, acting on the advice of the Prime Minister and Ministers |
| Legislative powers | Parliament of Scotland |
| Rights of citizens | Right to self-determination and national sovereignty, equality of opportunity, public services, healthcare, welfare, education, employment, rights for children, and the military |
| Role of government | Protection of rights of citizens and restrictions on politicians |
| Banning of nuclear weapons | Yes |
| National flag | Saltire |
| National anthem | To be decided by the Scottish Parliament |
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What You'll Learn
The SNP's draft constitution
Scotland does not have a written constitution. However, the Scottish National Party (SNP) has published a draft constitution for Scotland, titled "A Constitution for a Free Scotland". The document was released in 2002 and outlines the SNP's vision for an independent Scotland.
Article One, "Constitution and People", establishes the foundations of the Scottish State. This includes the right of the Scottish people to self-determination and national sovereignty, as well as territorial claims to mainland Scotland, its islands, and offshore resources. It also asserts the constitutional supremacy of the document, stating that any incompatible legislation will be null and void.
The draft constitution also makes provisions for a Parliament of Scotland, which will possess legislative power and be responsible for debating policies and holding the Executive accountable. The Parliament of Scotland is envisioned as unicameral, elected by proportional representation. The SNP has expressed its preference for the Single Transferable Vote system, but the final decision will be made through ordinary legislation.
Overall, the SNP's draft constitution aims to provide a framework for an independent Scotland, protecting the rights of its citizens and establishing a democratic system of government.
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The role of the Queen
Scotland does not have a written constitution that exists as a single document. Instead, it has a unique constitutional system within the United Kingdom, with a combination of written and unwritten sources that outline its governance. The role of the Queen in Scotland is a key element of this system and is defined by various constitutional conventions and laws.
The Queen's role in Scotland is multifaceted and primarily ceremonial and symbolic duties. As the head of state, she is the embodiment of
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The rights of citizens
Scotland does not currently have a written constitution. In 2014, the Scottish National Party (SNP) published a draft constitution for an independent Scotland, which included details on citizens' rights. This draft constitution was designed as a temporary "skeleton" version that would come into force if Scotland became independent. It outlined the foundations of the Scottish state, including the right of the people of Scotland to self-determination and national sovereignty, as well as a declaration of Scotland's territorial claims to the mainland, islands, and offshore resources.
The SNP's draft constitution also included a commitment to enshrine the European Convention on Human Rights in law, tackle climate change, and ensure the safe removal of Trident nuclear weapons. It envisaged an inclusive Scotland that embraces its geographic and cultural diversity, with citizens free from discrimination in the exercise of their constitutional rights. The constitution would also give voice to the Scottish people and provide them with a means to control the decisions affecting their lives.
In addition to the draft constitution, the Scottish government has taken steps to protect the rights of EU and EEA citizens in Scotland following the UK's withdrawal from the European Union. The First Minister has made public commitments to meet the cost of settled status applications for EU citizens and has urged them to stay in Scotland. The Scottish government has also worked with organizations like JustRight Scotland to publish factsheets explaining EU citizens' rights in Scotland, covering areas such as voting, working, accessing healthcare, education, housing, and benefits.
While the future of an independent Scottish constitution remains uncertain, the SNP and the Scottish government have expressed their commitment to protecting the rights of Scottish citizens and ensuring their voices are heard in the decision-making process. The draft constitution and the efforts to safeguard EU and EEA citizens' rights demonstrate a focus on inclusivity, diversity, and the well-being of Scotland's residents.
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The role of government
Scotland does not currently have a written constitution. However, the Scottish National Party (SNP) has published a draft constitution for an independent Scotland, which outlines the role of the government.
The SNP's draft constitution states that the people of Scotland are sovereign, with the Queen as the Head of State, holding the title of "Queen of Scots". This would make Scotland a Commonwealth realm, maintaining the personal union between the Scots Crown and that of England that was established in 1603. The draft constitution also sets out the territorial claims of Scotland and declares constitutional supremacy, stating that the Constitution is the supreme law of the land.
The role of the government in the SNP's draft constitution is outlined in several key areas. Firstly, it states that the government derives its right to govern from the consent of the people, who are the supreme source of authority. The constitution also sets out the powers and responsibilities of the Parliament of Scotland, which will be unicameral and possess legislative power. The Parliament will be responsible for debating policies, holding the Executive to account, and appointing the Head of State. The Head of State will be selected by a referendum and will act on the advice of the Prime Minister and Ministers.
The draft constitution also includes provisions for the rights of citizens, such as protection from discrimination, adequate pensions, and the right to initiate a recall of a Member of Parliament. It also addresses the role of the military, proposing a ban on nuclear weapons in Scotland and a commitment to work for nuclear disarmament.
Overall, the SNP's draft constitution for an independent Scotland outlines a government that is accountable to its citizens, with clearly defined powers and responsibilities. It remains to be seen whether this draft constitution will be adopted if Scotland becomes independent, but it provides a framework for the role of government and the rights of citizens in an independent Scottish state.
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The Scottish Parliament
Scotland does not currently have a written constitution. However, in the event of Scottish independence, the Scottish National Party (SNP) has published a draft constitution for a "free Scotland". This draft constitution outlines the SNP's vision for an independent Scotland, including the retention of the Queen as Head of State, with the title "Queen of Scots".
The proposed constitution for an independent Scotland includes provisions for a Parliament of Scotland, which would possess legislative power and be responsible for debating policies and holding the Executive to account. The Parliament of Scotland would be unicameral, in line with the tradition of the old Scottish Parliament before 1707 and the structure of the current Devolved Scottish Parliament.
The draft constitution also includes provisions for a Head of State, who would be selected by a referendum of the people of Scotland and appointed by Parliament. The Head of State would possess only those powers expressly vested in them by the Constitution and would be required to act impartially and with the advice and consent of the responsible constitutional authorities.
The SNP's draft constitution also sets out the rights of citizens of an independent Scotland, including the right to a pension adequate for their well-being and dignity, and the responsibility of all citizens and legal residents not in detention to serve on juries. The constitution further commits to enshrining the European Convention on Human Rights in law, tackling climate change, and ensuring the removal of Trident nuclear weapons.
Overall, the draft constitution for an independent Scotland seeks to give voice to the Scottish people and provide a framework for the country's governance, with a focus on the sovereignty of the Scottish nation and its people.
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Frequently asked questions
Scotland does not currently have a written constitution. However, in the event of Scottish independence, the Scottish government has stated its intention to create a written constitution.
A written constitution for an independent Scotland would outline the rights of Scottish citizens, the role of the government, and the powers and responsibilities of Parliament. It would also enshrine the European Convention on Human Rights in law, tackle climate change, and ensure the removal of Trident nuclear weapons.
Yes, the Scottish National Party (SNP) has published a draft constitution, entitled "A Constitution for a Free Scotland". This document outlines the SNP's policy for the constitution of a future independent Scotland, including the retention of the Queen as Head of State, with the title "Queen of Scots". The SNP has also released a draft interim constitution for consultation, which will set out how an independent Scotland could prepare its final constitution.
