Constitution for Scotland Public Consultation Hub

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.

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

  • Avatar admin
    Administrator #1  •  2020-08-16 22:04:20

    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.

      • Caledonialan

        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.

        No responses

Proposed Amendment to Section 1.3.

  • Mon/CfS18

    Section 1.3. Section 1.3. Constitution and subsequent Amendments
    after "incompatible with this Constitution" include the wording 'and any future Amendments' then continue "will be void..." as currently shown.

      • Admin/CfS6

        Section 1.3. Mon/CfS18 - Proposals must be a self-contained re-write replacing the entire Section. Users will vote only on clear substitutes. Please add a flag to remove this and then re-post in format below. Also you may not post amendments as a Monitor – use your individual id.

        No responses
      • Caledonialan

        Section 1.3. Regardless of the correct format or procedure for an amendment, I don't think that the proposed addition is necessary. The constitution as amended will still be "this Constitution".

        No responses

Proposed Amendment to Section 1.3.

  • Caledonialan

    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.

    1 vote  |  I agree 1 I disagree 0
    No responses

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