Historical background
The 2002 paper represents the culmination of many years' work. The essential elements of the Constitutional Policy were first adopted at the SNP's National Conference in 1977. The original drafting committee was convened by the late Dr Robert McIntyre, assisted by Professor Neil MacCormick, Dr Allan Macartney, Peter Chiene, Kenneth Fee, Isobel Lindsay and Barbara Park. The spirit of the original proposal has been retained in subsequent revisions, including a substantial review in 1990–1991. In 2020 an online interactive public consultation was introduced by an independent Scottish Charity and is actively engaged in seeking comments and amendments to a Model Constitution. The facility provides for automatic grading for voting the popularity of proposed amendments and will remain actively open for an indefinite period. Access to the Model Constitution and the public consultation is at https://constitutionforscotland.scot"Aims and principles
The SNP Draft Constitution declares itself to be necessary "to protect the rights of every Scottish citizen and to place restrictions on what politicians can and can't do". The draft "envisages an inclusive Scotland that embraces its geographic and cultural diversity, where its citizens are free from discrimination on any grounds in the exercise of their constitutional rights". The intention is to "give voice to the Scottish people and provide the means for us to take control of the decisions affecting our lives".Article One: Constitution and People
Article One, entitled "Constitution and People" sets out some of the foundations of the Scottish State, including: # The right of the people of Scotland to self-determination and national sovereignty. # A declaration of Scotland's territorial claims to the mainland and islands of Scotland, and to Scotland's offshore (oil and gas) resources. # A declaration of constitutional supremacy: the Constitution is the supreme law and any other legislation which is incompatible with the Constitution will therefore be null and void. # An inclusive definition of citizenship, with reserved rights of residency for non-citizens resident in Scotland at the time of independence. Voting is from age 16. There is no preamble or declaration of principles, and no mention of Scotland's flag, anthem, or capital.Article Two: Head of State and Executive
Article Two sets out the arrangement for the Head of State and the Executive: # The Queen would be retained asArticle Three: The Legislature
Article Three makes provision for aArticle Four: Local Government
Article Four recognises and guarantees the independence of elected local Councils, which are also to be elected by proportional representation. The Islands authorities ( Orkney, Shetland and theArticle Five: The Judiciary
The Constitution recognises the independence of the judiciary: # Judges are to be appointed by the Head of State on the advice of an independent appointments commission, consisting of theArticle Six: Fundamental Rights and Liberties
The Constitution entrenches a number of fundamental rights and liberties, including freedom of speech, religion, assembly, movement, privacy, fair trial, due process etc. These are based on theArticle Seven: Amendments
The Constitution may be amended by a three-fifths majority vote of Parliament, subject to approval by a majority of the people in a referendum.Other noteworthy features
# The SNP draft Constitution is noticeably shorter than most modern (post-1945 and post-1989) European Constitutions, at around 6000 words. # The relationships between the Executive and the Parliament are not clearly defined, particularly with regard to the election of a Prime Minister and the procedure for votes of confidence. This leaves scope for the regulation of these matters by law, standing orders of Parliament, or, in the absence of such provision, by existing parliamentary custom. # In contrast to contemporary European practice, the SNP's Constitution for Scotland does not clearly distinguish between the respective roles of the Head of State and the Executive (compare with the Constitutions of Spain or Sweden, where such a distinction is explicitly made). # The Constitution does specify the size of Parliament, only that it must be at least four times the size of the Executive (the number of Ministers is limited to one-fifth of the members of Parliament). # The qualifications for membership of Parliament, and any incompatibilities between membership of Parliament and other public offices, are unspecified. These matters are subject to determination by Parliament, in accordance with the usual legislative process. There is no mention in the Constitution for an Auditor-General or an Ombudsman, although both institutions currently exist in Scotland under Statute law. There is provision for Freedom of Information, but no reference to theReferences
* SNP Policy Paper "A Constitution for a Free Scotland" dated September 2002. This publication is publicly available free of charge from the SNP website. www.snp.org * N. MacCormick, "A Constitution for Scotland", Edinburgh Essays in Public Law, Edinburgh University Press, 1991. Scottish National Party