Section 1.3. This Constitution and its provisions will have binding force on all authorities and persons throughout Scotland. All Acts of Parliament, treaties, regulations and other laws, whether enacted past, present or future, to the extent that they are incompatible with this Constitution, will be void and without effect.
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 1.3. Section 1.3. This Constitution and its provisions will have binding force on all authorities and persons throughout Scotland. All Acts of Parliament, treaties, regulations and other laws, whether enacted past, present or future, to the extent that they are incompatible with this Constitution, will be void and without effect.
Section 1.3. To a certain extent, the content of this section is covered by my proposed amendment to the previous section. The reference to treaties might need to be adjusted because of course the constitution of one state cannot be an obstacle to the conclusion of a treaty, in particular a multilateral treaty, but only to its ratification by the state concerned. There are also a few unnecessary repetitions ("this Constitution and its provisions", "void and without effect"), which may sound grand lawyerese but interfere with simple interpretation. I propose an amendment below.
Section 1.3. Regardless of whether Scotland is treated as a successor nation state of UK or not the laws and agreements entered into by the UK will apply to Scotland until they are replaced by others created by the Scottish Govvernment and Parliament under the Constitution. Consequemntly we may find that there are some existing agreements and legislation which is incompatible with the Consitution but which the Scotland cannot unilaterally change without potential conseqences. Thought should be given as to how this position will be accommodated in the Constitution short term. Separately a permanent Constitutional Unit should be established by the Scots Parliament to examine all legislation and treaties to review their compatability with the Constitution and suggest ways in which incompatability may be addressed.
Section 1.3. The Constitution and its provisions will be binding on the government and all legislatures throughout Scotland. Any Act of Parliament, treaty, regulation and other law, incompatible with the Constitution will be void and without effect.
Section 1.3. The acts of all persons and authorities throughout Scotland must be consistent with this Constitution. Any legislative, judicial or executive act, including the ratification of any international agreement, shall be without effect to the extent that it is incompatible with this Constitution.
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 1.3. Section 1.3. This Constitution and its provisions will have binding force on all authorities and persons throughout Scotland. All Acts of Parliament, treaties, regulations and other laws, whether enacted past, present or future, to the extent that they are incompatible with this Constitution, will be void and without effect.
Section 1.3. To a certain extent, the content of this section is covered by my proposed amendment to the previous section. The reference to treaties might need to be adjusted because of course the constitution of one state cannot be an obstacle to the conclusion of a treaty, in particular a multilateral treaty, but only to its ratification by the state concerned. There are also a few unnecessary repetitions ("this Constitution and its provisions", "void and without effect"), which may sound grand lawyerese but interfere with simple interpretation. I propose an amendment below.
Section 1.3. Regardless of whether Scotland is treated as a successor nation state of UK or not the laws and agreements entered into by the UK will apply to Scotland until they are replaced by others created by the Scottish Govvernment and Parliament under the Constitution. Consequemntly we may find that there are some existing agreements and legislation which is incompatible with the Consitution but which the Scotland cannot unilaterally change without potential conseqences. Thought should be given as to how this position will be accommodated in the Constitution short term. Separately a permanent Constitutional Unit should be established by the Scots Parliament to examine all legislation and treaties to review their compatability with the Constitution and suggest ways in which incompatability may be addressed.
Proposed Amendment to Section 1.3.
Rewording of subsection
Section 1.3. The Constitution and its provisions will be binding on the government and all legislatures throughout Scotland. Any Act of Parliament, treaty, regulation and other law, incompatible with the Constitution will be void and without effect.
Proposed Amendment to Section 1.3.
Rewording
Section 1.3. The acts of all persons and authorities throughout Scotland must be consistent with this Constitution. Any legislative, judicial or executive act, including the ratification of any international agreement, shall be without effect to the extent that it is incompatible with this Constitution.