Constitution for Scotland Public Consultation Hub

Section 2.2. All citizens are expected to uphold these rights. There will be no interference by a public authority with the exercise of these rights, except in the interests of national security or public safety, unless permitted in law.

Proposed Amendments to Section

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Original Version

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

    Section 2.2. Section 2.2. All citizens are expected to uphold these rights. There will be no interference by a public authority with the exercise of these rights, except in the interests of national security or public safety, unless permitted in law.

      • Caledonialan

        Section 2.2. I have two doubts about the first sentence.
        First: "all citizens". Surely the need to respect the rights guaranteed by the ECHR applies to everyone, including legal persons such as companies, not just citizens? Many of the sections in this article similarly refer to "all citizens", where the ECHR says "everyone" (although 2.20, 2.21, 2.22 and 2.24 are exceptions). The wording should be standardised throughout, to clarify that the rights cover everyone and not just citizens.

          • Caledonialan

            Section 2.2. Second: "are expected to uphold". "Uphold" seems an odd word to me; I would have thought "respect" would be better. And "expected" doesn't seem to express any obligation.

            No responses
      • Graeme McCormick

        Section 2.2. is this necessary? If there are rigths and obligations contained in a consitition that's the law anyway and applies to every legal person to uphold.

        No responses

Proposed Amendment to Section 2.2.

Proposed Amendment to Section 2.2.

  • Caledonialan

    Proposed rewording

    Section 2.2. These rights apply to everyone in Scotland and must be respected by everyone in Scotland, whether natural or legal persons or public authorities, subject only to the derogations and restrictions expressly permitted in the European Convention on Human Rights.

    3 votes  |  I agree 3
    No responses

Proposed Amendment to Section 2.2.

  • gunnbarrett

    Right to trial by jury of one's peers

    Section 2.2. Section 2.22. Any person charged with an offence has the right to be informed of the particulars of the alleged offence, to be tried by a jury or one's peers within a stated elapse of time and to be presumed innocent unless proven guilty.

    2 votes  |  I agree 2
    No responses

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