Constitution for Scotland Public Consultation Hub

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Article 3. The Head Of State

Section 3.1. The Head of State will, following selection by a referendum of the People of Scotland in terms of Article 13.4, be appointed by Parliament in accordance with the legislation governing selection, appointment and recall.

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.
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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 22:15:37

    Section 3.1. Section 3.1. The Head of State will, following selection by a referendum of the People of Scotland in terms of Article 6.4, be appointed by Parliament in accordance with the legislation governing selection, appointment and recall.

      • tom@1320

        Section 3.1. Am I right in thinking that this would, in effect, mean that we are a Republic? This I would fully support.

          • Arfem

            Section 3.1. If one referendum option is a republic with an elected President and that gains a simple majority then I guess the Electoral Commission would have to agree the terms of appointment and organize an election.

            No responses
          • Caledonialan

            Section 3.1. On my reading, no, it could still be a constitutional monarchy. However (and this is a comment on the article as a whole rather than on this particular section), what is envisaged seems very much a puppet head of state with no real powers of initiative or decision, someone to perform ceremonies. This draft constitution therefore does not go for a presidential regime of the American, French or Russian variety. Nor would I. But I think there's a lot to be said for a properly regulated constitutional monarchy, but one much more streamlined than the current UK version. Monarchy brings with it a sense of tradition and continuity and, on a venal note, is much more likely to attract tourists than a man in a suit - nobody flocks to see Macron! But there are yet other possibilities. A collective head of state, for example, along the lines of the Swiss Federal Council, or an elective monarchy ...

              • Admin/CfS7

                Section 3.1. I like the idea of a collective head of state, along the lines of the Swiss Federal Council. This would contribute to getting away from the personality cult that is prevalent today.

                  • Dr David White

                    Section 3.1. 1) I propose a dual head of state, one male, one female. They could rotate on a monthly basis., or some other arrangement. They should probably be fully ceremonial, except for the ability to award a certain number of honours/awards.
                    2) If the initial referendum voted for a monarchy, there could still be a regular affirmation or rejection at set periods, say every four or five years in the same manner as a presidential election. If rejected at one of these affirmations, then another election would follow within six months (where they could re-present themselves alongside other candidates).

                    No responses
              • Admin/CfS6

                Section 3.1. The Model Constitution here is NOT prescriptive – merely a prompt for debate via Comments and perhaps the odd reference, hopefully leading to Proposals upon which the voting & ranking protocol can help assess popularity.

                No responses
              • MDUN

                Section 3.1. I agree with above comment. It should be made clear in the wording of the constitution that the monarch is king or queen of Scots and has no political function other than those listed in the original comment. It would do no harm to reemphasize that it is the people who are sovereign

                No responses
      • kenny321

        Section 3.1. Could a Head of State be non political if appointed by Parliament. Would the majority in power not go for one of their own? The monarchy does generate a lot of tourism spend. Would a President do the same?

        No responses
      • DPLAING

        Section 3.1. What kind of person are we envisaging standing in a referendum for Head of State?Would they need to have experience & knowledge of public office?I am just a bit wary of having a populist figure elected because we have seen what damage they can do.

          • JimB

            Section 3.1. There is no mention that the Head of State should only sit for a fixed term, we need to include regular re-election in the constitution.

            No responses
      • J M Tait

        Section 3.1. I'm rather surprised that there is a whole section devoted to this question. I'm not entirely clear why it is necessary to have a head of state at all. Surely it is bizarre, in a country run by an elected parliament, to designate a single individual in this capacity. And if it is a purely ceremonial role, again, why does it need a whole section?

Proposed Amendment to Section 3.1.

  • JimB

    fix term as Head of State

    Section 3.1. Section 3.1. The Head of State will, following selection by a referendum of the People of Scotland in terms of Article 6.4, for a period of time to be pre-determined by parliament be appointed in accordance with the legislation governing selection, appointment and recall.

    2 votes  |  I agree 2 I disagree 0
    No responses

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