| What will the constitution say about how Scotland is governed? |
| Wednesday, 18 March 2009 14:55 |
| The SNP envisages a single-chamber parliament elected by proportional representation, cabinet government with a Prime Minister and other ministers elected by Parliament, and an independent judiciary appointed bya judicial appointments commission. The framework of the present Scottish Parliament, approved by massive referendummajority in 1997, has all the characteristics our constitution sets out, except that it is still shackled to Westminster, and subject to “reserved powers”. Independence will transfer to Scotland all the powers that are currently reserved to Westminster. A constitution of the kind the SNP proposes would represent continuity of institutions with those that the people approved in the 1997 devolution referendum. The constitution will restore the sovereignty of the Scottish people, part of ourconstitutional tradition, by making the people the masters of the constitution, and theexecutive, legislative and judicial branches of the state subordinate to the constitution. The SNP’s constitution favours a slightly larger Scottish Parliament, to take account of its greatly expanded powers, but Scotland will no longer be sending MPs to Westminster, and will therefore have a similar overall number of elected parliamentarians. The constitution will define the powers of Scotland’s Parliament, Government and Head of State, as well as guaranteeing the independence of the judiciary. All new legislation must be constitutional and can be subject to judicial review, which will reject as non-law any purported act that infringes the constitution. Any futureamendment of the constitution will require the approval of three fifths of Parliament, plus the majority vote of the people, expressed in a referendum. |
Network
