Constitution for Scotland Public Consultation Hub

Section 2.13. All citizens have the right to use reasonable force to defend self and family under threat of violence. Reasonable force defined as up to and inflicting bodily harm on the antagonist, short of death.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-20 17:38:34

    Section 2.13. All citizens have the right to use reasonable force to defend self and family under threat of violence. Reasonable force defined as up to and inflicting bodily harm on the antagonist, short of death.

      • Caledonialan

        "Reasonable force defined as up to and inflicting bodily harm on the antagonist, short of death." is not grammatical. Also, whether death ensues or not is not dependent on how reasonable the force may have been. This would appear to do away completely with the defence of justifiable homicide in self-defence. The right to "self-"defence should include the right to defend others, whether family members or not. This provision goes (in my view unjustifiably) further than Article 2(2) ECHR. To the extent that it does so, this should be a matter for a Criminal Code, rather than a constitution.

        No responses

Proposed Amendment to 2.13.

  • NSCNICK

    Section 2.13. All citizens have the right to use reasonable force to defend self and family under threat of violence. Reasonable force defined as up to and inflicting bodily harm on the antagonist, short of death and does not extend to excessive force involving extra-judicial punishment

    No votes  |  I agree 0 I disagree 0
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