Scottish Leader's Red Sea Reference: A Constitutional Mystery

The Scottish National Party (SNP) has proposed a written constitution for an independent Scotland, which includes a reference to the Red Sea in the context of the ancient history of Scotland. This constitution, titled Creating a Modern Constitution for an Independent Scotland, was unveiled by SNP leader Humza Yousaf, who emphasized the need for a written constitution to safeguard against potential repeals of devolution by Westminster. Yousaf outlined a plan for an interim constitution to be legislated by the Scottish Parliament following a vote for Scottish independence, with a final constitution being developed by a constitutional convention and approved by the people of Scotland in a referendum.

• Compared Robert Bruce with Biblical warriors Judah Maccabee and Joshua
• Justified the rejection of King John Balliol in favor of Bruce due to his ability to defend Scotland from English aggression
• Asserted the antiquity of the independence of Scotland, claiming that 113 kings of their own blood royal had reigned without interruption by foreigners | | Modern relevance | The Declaration of Arbroath is considered the first statement of the contractual theory of monarchy underlying modern constitutionalism. It inspired the American Declaration of Independence and continues to influence discussions of Scottish independence. |

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The Declaration of Arbroath

The text describes the ancient history of Scotland, including the claim that the Gaelic forebears of the Scots, the Scoti, migrated from Scythia Major to Great Britain "1,200 years from the Israelite people's crossing of the Red Sea". It describes how the Scots "threw out the Britons and completely destroyed the Picts", resisted invasions from "the Norse, the Danes and the English", and "held [Scotland] ever since, free from all slavery".

The Declaration also makes the following points: that Edward I of England had unjustly attacked Scotland; that Robert the Bruce had delivered the Scottish nation from this peril; and that the independence of Scotland was tied to the defence of Christianity. The letter compares Robert the Bruce with the Biblical warriors Judah Maccabee and Joshua.

The letter was believed to have been written in Arbroath Abbey by Bernard of Kilwinning, then Chancellor of Scotland and Abbot of Arbroath, and sealed by fifty-one magnates and nobles. It is the only surviving letter of three created at the time, with the others written by the King of Scots, Robert I, and four Scottish bishops, all making similar points.

It has been considered the first statement of the contractual theory of monarchy underlying modern constitutionalism. However, it has also been argued that the Declaration was not a statement of popular sovereignty but royal propaganda supporting Bruce's faction.

Humza Yousaf's plan for a written constitution

The Declaration of Arbroath, written in 1320, is the name usually given to a letter addressed to Pope John XXII. It is considered to be the first statement of the contractual theory of monarchy underlying modern constitutionalism. The text describes the ancient history of Scotland, including the migration of the Gaelic forebears of the Scots from Scythia Major via Spain to Great Britain, 1,200 years after the Israelite people crossed the Red Sea.

In June 2023, First Minister Humza Yousaf unveiled plans to introduce a written constitution for Scotland if the country becomes independent. The proposals for the document, which would set out the rights of citizens, are revealed in the latest Building a New Scotland prospectus paper, named Creating a Modern Constitution for an Independent Scotland. Mr Yousaf set out how the Scottish Parliament would legislate for an interim constitution after a vote to leave the UK, with this coming into force when Scotland becomes independent. A constitutional convention would then be established to develop a draft constitution, which would be considered by Holyrood. The first minister said it would only come into force if the people of Scotland backed it in a referendum.

Mr Yousaf told reporters that the current arrangements, with no written constitution in place in the UK, mean Westminster could choose to abolish the Scottish Parliament. He said that drafting a constitution would set a standard below which no government should fall and create meaningful rights that put power in the hands of the people who live here. He also stated that the constitution would embody a set of longer-term, more fundamental values about what a country is for and set out a "common understanding of a nation's priorities". The constitution could include the recognition of the NHS, strengthen human rights protections for Scots, protect the right to take industrial action for workers, and set out provisions on the right to adequate housing and the right of communities to own land. It could also rule out Scotland as a home for nuclear weapons and enshrine the right to adequate living standards.

Opposition MSPs and Scottish Conservative constitution spokesperson Donald Cameron accused the SNP of focusing on the wrong priorities and being completely out of touch. Scottish Labour constitution spokesperson Neil Bibby said the "SNP resort to pipe-dreams as the country crumbles under their watch". Scottish Liberal Democrat leader Alex Cole-Hamilton also opposed the spending, saying that "to spend more than £500,000 on a fool's errand of another prospectus for independence makes it less of a white paper and more of a white elephant".

SNP's policy for a future independent Scotland

The Scottish National Party (SNP) is a Scottish nationalist and social democratic party that campaigns for Scottish independence from the United Kingdom. The SNP became the governing party of the devolved parliament in 2007 and won an outright majority of seats at the 2011 Scottish Parliament election. This led to the 2014 Scottish independence referendum, in which 44.7% of voters answered "Yes" and 55.3% answered "No". Despite this defeat, the SNP has continued to seek a second referendum, particularly since the UK voted to leave the European Union in 2016.

The SNP's strategy for winning Scotland's independence involves using the next UK General Election as an opportunity to advance the cause of independence and secure Scotland's future as an independent country. The SNP manifesto for the next Westminster election will demand the permanent transfer of legal power to the Scottish Parliament to determine how Scotland is governed. The SNP believes that Scotland is facing a ""Cost of Westminster Crisis", which is making life challenging for people across the country and making the case for independence more urgent.

The SNP has also unveiled plans for a written constitution for an independent Scotland, which would set a standard below which no government should fall and create meaningful rights that put power in the hands of the people. The current lack of a written constitution in the UK means that Westminster could choose to abolish the Scottish Parliament. The SNP's preferred route to independence is a legally binding referendum, which has been repeatedly refused by the UK government.

In terms of economic policy, the SNP has faced criticism for its reliance on North Sea oil and gas revenues and its assumption that the UK government would agree to a currency union. The Growth Commission's plan for 'sterlingisation' has been described as locking Scotland into an economic straitjacket and offering less sovereignty. The SNP must therefore rethink its economic model for an independent Scotland, ensuring that government policy serves the interests of its citizens rather than international finance.

Overall, the SNP's policy for a future independent Scotland involves using the next UK General Election to advance the cause of independence, implementing a written constitution to protect the rights of Scottish citizens, and rethinking its economic model to ensure greater sovereignty and independence from international finance.

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The role of the First Minister

The First Minister is the head of the Scottish Government and is responsible for the overall development, implementation, and presentation of the government's policies. They are also responsible for promoting and representing Scotland at home and overseas, including at the annual British-Irish Council summits and, on occasion, at meetings of the United Nations. The First Minister is nominated by the Scottish Parliament at the beginning of each term and is then formally appointed by the monarch.

The role and powers of the First Minister are set out in sections 45 to 49 of the Scotland Act 1998. The First Minister may appoint ministers to sit in the Scottish Cabinet and junior ministers to form the Scottish Government. They also have the power to appoint the law officers and chief legal officers of the Scottish Government, with the support of the Scottish Parliament. The First Minister chairs the Scottish Cabinet, which is the main forum for ministers to make key decisions on strategic priorities and policies.

The First Minister is also the keeper of the Great Seal of Scotland, which was transferred from the secretary of state for Scotland following Scottish devolution. As keeper of the Great Seal, the First Minister is entitled to fly the Royal Banner of Scotland.

Since the establishment of the office in 1999, eight people have served as First Minister. The current First Minister is John Swinney, who leads the Government of the 6th Scottish Parliament. The longest-serving First Minister was Nicola Sturgeon, who surpassed Alex Salmond in May 2022. Salmond spent a total of 7 and a half years in the role.

In June 2023, former First Minister Humza Yousaf unveiled a plan for a written constitution for Scotland. This would set a standard "below which no government should fall" and create "meaningful rights that put power in the hands of the people who live here". The constitution would come into force if the people of Scotland backed it in a referendum.

The Scottish Parliament's legislative powers

The Declaration of Arbroath, written in 1320, is the name given to a letter addressed to Pope John XXII. It is believed to have been written by Bernard of Kilwinning, the Chancellor of Scotland and Abbot of Arbroath. The letter asserted the antiquity of the independence of the Kingdom of Scotland, with the text describing the ancient history of Scotland and its resistance to invasions. It also claimed that the Scots had "thrown out the Britons and completely destroyed the Picts" and that "one hundred and thirteen kings have reigned of their own Blood Royal, without interruption by foreigners".

The Scottish Parliament, also known as Holyrood, is the devolved legislature of Scotland. It was set up in 1999 following a referendum on devolution in 1997. The Scottish Parliament has the power to legislate in areas that are not explicitly reserved for Westminster. The legislative process involves bills (draft laws) being presented to Parliament, which can be introduced in several ways, including by the Scottish Government or an individual member of Parliament. These bills pass through various stages of consideration and amendment before receiving royal assent and becoming Acts of the Scottish Parliament. The Scotland Acts of 2012 and 2016 expanded the Parliament's powers, particularly over taxation, welfare, and elections.

The Scottish Parliament has 129 members, with the largest party being the Scottish National Party (SNP). The SNP has been a strong advocate for Scottish independence and has proposed holding another referendum on the issue. The party's leader, Nicola Sturgeon, has argued that an independent Scotland can better utilise its national resources for the benefit of its population. However, opponents of independence, such as the Scottish Liberal Democrats, criticise the SNP's focus on independence amid domestic issues.

The Scottish Parliament's powers have been periodically amended, with the Scotland Acts of 1998, 2012, and 2016 being significant milestones. The United Kingdom Internal Market Act of 2020, on the other hand, has been seen as a restriction on the operation of devolved powers, undermining the freedom of action and authority of the Parliament.

The legislative powers of the Scottish Parliament cover a range of policy areas, including agriculture, fisheries, animal welfare, forestry, taxation, welfare, and education. The Parliament can pass primary legislation and hold the Scottish Government to account. While Westminster retains the authority to legislate on devolved matters, it is understood that it will not do so without the consent of the Scottish Parliament under the Sewell convention.

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