Section 1.1. We, the people of the free sovereign and inalienable nation of Scotland do hereby express and enact our collective will through this written Constitution.
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words. You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Section 1.1. Section 1.1. We, the people of the free sovereign and inalienable nation of Scotland do hereby express and enact our collective will through this written Constitution.
Section 1.1. There's no mechanism on this site for comments on an article (or on the draft constitution) as a whole, so I'm going to put my general comments on this article under section 1. It seems to me that the article, which has a long and somewhat rambling title, would be clearer if split into several articles, each dealing with a specific aspect, namely: The nation of Scotland, The national territory, Citizenship, and Voting rights. I'm not convinced that residency and immigration are a matter for the constitution but, if they are, I don't think they belong here.
Section 1.1. I now comment specifically on section 1. This is a fine statement, but it could be simplified. "Hereby" and "through this written Constitution" repeat each other. "Written" is unnecessary, since the constitution is self-evidently written. "Free, sovereign and inalienable" are splendid words, but do not mean much in practice (especially "inalienable"). They could be omitted, or replaced simply by "independent". "Express and enact" is a phrase which smacks of impressive legalese, but do two verbs really add anything? I propose a simplified version below.
Section 1.1. Intro to the constitution is way too long winded. Meaningless in parts and exclusive in others. I would propose: We, the sovereign peoples of Scotland, do hereby enact for all time coming, our fundamental rights as expressed in the Constitution of Scotland.
Section 1.1. I note and admire the intention to use plain , clearly understood language. It would be wrong for our Constitution to be written in a way that could only be understood by an elite few. That takes power away from Citizens. I would like this principle to be written into the constitution, to protect this good practice, as articles are added in the future.
Apologies, as I'm not sure where this could be written in ?
Section 1.1. I can find no statement about the responsibilities of government eg the promotion of fairness and equity, decent housing, reducing inequality, social justice, to list just a few.
Section 1.1. Gee-jay - These a re fine and worthy objectives but very broad principles which need to be addressed in specific sets of words if they are to be enforceable under any form of law. For example try typing ‘Housing’ into the comments Search Box (Constitution page) will steer you to where this is discussed and where you can add your own comment or proposed amendment. The Model Constitution is simply a ‘prod’ for you to have your say. The Guidelines explain how to maximise your contribution but it still takes a fair bit of patience and persistence. – but that’s democracy for you!
Please stick with it and have another go!
Section 1.1. Section 1.1 Switzerland's constitutional basis is the same as Scotland's - Popular Sovereignty - and the Swiss constitution starts: "The Swiss People AND THE CANTONS (i.e. REGIONAL COUNCILS) ...... adopt the following constitution." This formulation puts Parliament and Central Government in their rightful place as servants of the People and Regions. Don't forget the Strathclyde water privatisation referendum in the mid-1990s - it was the Region and the People, acting together, which made Westminster fold. The People couldn't have done it alone. The entire logic of Scotland's constitution, starting with this section, should ensure that People+Regions can ultimately trump Parliament+Government.
Section 1.1. Popular Sovereignty is the way forward and should be one of the main pillars of Scotland's Constitution. When Henry Ferguson mentions "This formulation puts Parliament and Central Government in their rightful place", he is describing "Subsidiarity" that has worked very well in Switzerland and could do so here. "In running the country you will apply the principle of Subsidiarity whereby nothing that can be done at a lower political level should be done at a higher level." The UK drive to privatise all water and sewerage facilities in 1994 was prevented in Scotland with the use of a regional referendum where 97.24% voted No to the UK government's proposals. That massive result rejecting the privatisation of our water and sewerage prevented the UK government from trying to privatise any of the 3 water authorities in place at that time. The Constitution for an independent Scotland should ensure that the ultimate decision-making processes belong to the Sovereign People of Scotland.
Proposed Amendments to Section
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.
You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Original Version
Section 1.1. Section 1.1. We, the people of the free sovereign and inalienable nation of Scotland do hereby express and enact our collective will through this written Constitution.
Section 1.1. There's no mechanism on this site for comments on an article (or on the draft constitution) as a whole, so I'm going to put my general comments on this article under section 1. It seems to me that the article, which has a long and somewhat rambling title, would be clearer if split into several articles, each dealing with a specific aspect, namely: The nation of Scotland, The national territory, Citizenship, and Voting rights. I'm not convinced that residency and immigration are a matter for the constitution but, if they are, I don't think they belong here.
Section 1.1. I now comment specifically on section 1. This is a fine statement, but it could be simplified. "Hereby" and "through this written Constitution" repeat each other. "Written" is unnecessary, since the constitution is self-evidently written. "Free, sovereign and inalienable" are splendid words, but do not mean much in practice (especially "inalienable"). They could be omitted, or replaced simply by "independent". "Express and enact" is a phrase which smacks of impressive legalese, but do two verbs really add anything? I propose a simplified version below.
Section 1.1. Intro to the constitution is way too long winded. Meaningless in parts and exclusive in others. I would propose: We, the sovereign peoples of Scotland, do hereby enact for all time coming, our fundamental rights as expressed in the Constitution of Scotland.
Section 1.1. Section 1.1 is an excellent preamble of the Constitution and doesn't require alteration or addition.
Section 1.1. I note and admire the intention to use plain , clearly understood language. It would be wrong for our Constitution to be written in a way that could only be understood by an elite few. That takes power away from Citizens. I would like this principle to be written into the constitution, to protect this good practice, as articles are added in the future.
Apologies, as I'm not sure where this could be written in ?
Section 1.1. I can find no statement about the responsibilities of government eg the promotion of fairness and equity, decent housing, reducing inequality, social justice, to list just a few.
Section 1.1. Gee-jay - These a re fine and worthy objectives but very broad principles which need to be addressed in specific sets of words if they are to be enforceable under any form of law. For example try typing ‘Housing’ into the comments Search Box (Constitution page) will steer you to where this is discussed and where you can add your own comment or proposed amendment. The Model Constitution is simply a ‘prod’ for you to have your say. The Guidelines explain how to maximise your contribution but it still takes a fair bit of patience and persistence. – but that’s democracy for you!
Please stick with it and have another go!
Section 1.1. Section 1.1 Switzerland's constitutional basis is the same as Scotland's - Popular Sovereignty - and the Swiss constitution starts: "The Swiss People AND THE CANTONS (i.e. REGIONAL COUNCILS) ...... adopt the following constitution." This formulation puts Parliament and Central Government in their rightful place as servants of the People and Regions. Don't forget the Strathclyde water privatisation referendum in the mid-1990s - it was the Region and the People, acting together, which made Westminster fold. The People couldn't have done it alone. The entire logic of Scotland's constitution, starting with this section, should ensure that People+Regions can ultimately trump Parliament+Government.
Section 1.1. Popular Sovereignty is the way forward and should be one of the main pillars of Scotland's Constitution. When Henry Ferguson mentions "This formulation puts Parliament and Central Government in their rightful place", he is describing "Subsidiarity" that has worked very well in Switzerland and could do so here. "In running the country you will apply the principle of Subsidiarity whereby nothing that can be done at a lower political level should be done at a higher level." The UK drive to privatise all water and sewerage facilities in 1994 was prevented in Scotland with the use of a regional referendum where 97.24% voted No to the UK government's proposals. That massive result rejecting the privatisation of our water and sewerage prevented the UK government from trying to privatise any of the 3 water authorities in place at that time. The Constitution for an independent Scotland should ensure that the ultimate decision-making processes belong to the Sovereign People of Scotland.
Proposed Amendment to Section 1.1.
Simplification
Section 1.1. We, the people of the [independent] nation of Scotland, express our collective will in this Constitution.
Proposed Amendment to Section 1.1.
The People and Regions are sovereign
Section 1.1. We, the People and Regions of the independent nation of Scotland hereby adopt the following Constitution.