Scotland’s pursuit of independence persists despite challenges from Westminster and legal barriers. With efforts intensifying towards crafting a Scottish written constitution, the nation grapples with issues of autonomy, democratic principles, and the quest for self-determination. Proposals for referendums, legislative initiatives, and constitutional frameworks highlight Scotland’s dynamic journey toward shaping its constitutional destiny. This article explores Scotland’s evolving narrative, emphasising its unwavering commitment to defining its future amidst a changing constitutional landscape.
Independence Desire Is Not Going Away
In 2014, a pivotal moment arrived in Scotland with the first independence referendum, but the majority chose to remain united with the UK. Undeterred, Scotland presses on for another referendum, facing resistance from the UK government and legal roadblocks. The UK Supreme Court has ruled against a referendum without Westminster’s approval. Despite these challenges, Scotland continues to strive for independence, and since July, efforts have intensified toward crafting a written constitution.
Ignoring Scotland’s Voice
In Scotland, a widespread feeling exists that Westminster isn’t acting in its best interests. The nations with devolved powers frequently feel overlooked, and the choice to leave the European Union, contrary to the desires of the Scottish populace, intensifies this sense of disconnect. The ongoing resistance from the UK government regarding another independence referendum amplifies the call for substantial political and constitutional reforms. A key aspect of this reform will involve establishing a written constitution for Scotland.
Interim Constitution: A Blueprint for Rights and Equality
Scotland envisions an interim constitution that intricately embeds human rights to pave the way for independence, drawing inspiration from the European Convention on Human Rights (ECHR) and core international treaties. This constitution protects rights across various spectrums, including economic, social, cultural, and specific rights for marginalised communities. Crucially, it proposes a right to access healthcare free at the point of need and safeguards for workers, including the right to strike.
Independence Empowers Scotland in All Areas
Equality measures are woven into the fabric of this interim constitution, along with a commitment to a healthy environment. With independence, these rights would span both devolved and reserved matters. Devolved areas, such as health and justice, fall under the Scottish Parliament’s jurisdiction, while reserved matters, including foreign affairs, employment law, and immigration, remain under Westminster’s control. Independence would empower Scotland to strike down laws conflicting with the outlined rights across reserved areas.
Scottish Written Constitution, a National Endeavor
An interim constitution places a duty on the Scottish Parliament to establish a Constitutional Convention post-independence. This convention aims to draft a permanent Scottish written constitution, solidifying the nation’s foundational principles. Drafting the permanent constitution is envisioned as a shared national endeavour involving diverse voices from across Scotland. The process would be inclusive, incorporating experts and representatives from various societal groups.
The Vision for a Permanent Constitution
The Constitutional Convention would present the draft constitution to the Scottish Parliament, recognising the need for democratic and legal soundness. The Scottish Parliament would scrutinise the draft, and the final step involves a referendum where the people of Scotland would endorse or reject the proposed constitution. It becomes the bedrock on which all parliamentary and governmental activities in independent Scotland rest if approved.
A Living Document Adapts Changes
The Scottish Government envisions the permanent constitution as a living document capable of evolving. While emphasising adaptability, it also incorporates constitutional safeguards immune to changes by a government with a simple parliamentary majority. Amendments would be possible when necessary, ensuring the constitution’s relevance across generations. A living document should also provide constitutional protections for human rights and equality.
Protecting Rights and Fostering Equality
A cornerstone of Scotland’s vision for independence is the commitment to fostering a robust human rights culture. The constitutional framework ensures the effective implementation, monitoring, and reporting of human rights and equality protections. The Scottish Government pledges to uphold international treaties, initially inheriting the UK’s human rights obligations. Independence would provide an opportune moment for Scotland to consider the ratification of additional international human rights treaties, signalling a commitment to global human rights standards.
Shaping Scotland’s Democratic Destiny
There is a need for a Scottish written constitution before a declaration of independence. The independence process offers Scotland the unique opportunity to shape its constitutional destiny. A new constitution would address political autonomy and place rights and equality at the heart of Scotland’s democracy. Despite challenges and opposition, the pursuit of Scottish independence remains dynamic, reflecting the nation’s commitment to self-determination and a distinct constitutional identity.
Breaking the Constitutional Logjam: A Proposal for Progress
Alba’s proposal for a referendum on the Scottish Parliament’s power to call an independence referendum is noteworthy in the ongoing quest for independence. The proposal presented by Ash Regan, Alba’s sole MSP, aims to break through the constitutional logjam. The backdrop to this proposal lies in the Supreme Court’s ruling that the Scottish Parliament lacks the power to legislate for a referendum on Scottish independence, considering it a reserved matter.
A Plea for More Devolved Powers
The proposition regarding the Scottish Parliament’s authority on independence promotes a public referendum to decide whether Westminster should permanently delegate this authority to the Scottish Parliament. The proposed draft bill aims to spark discussions, seeking the opinion of the Scottish populace on whether the Parliament should have the authority to create laws and negotiate independence. This endeavour mirrors the increasing desire within the independence movement for substantial advancements.
The Legislative Landscape: Navigating Legal Complexities
In tandem with Ash Regan’s proposal, Neale Hanvey, a Westminster colleague, currently has a bill before the House of Commons. This bill seeks to transfer the power to legislate for a Scottish independence referendum to Holyrood, the Scottish Parliament. Notably, the 2014 referendum was made possible through a section 30 order granted by Westminster, temporarily empowering the Scottish Parliament to hold the referendum. The UK Government consistently denied requests for another section 30 order by Nicola Sturgeon.
A Democratic Mandate for Progress
Ash Regan’s proposal offers supporters a tangible path forward by engaging the public and parliamentary support. The call for a referendum on extending the powers of the Scottish Parliament reflects a commitment to democratic principles. The proposed referendum, slated for 19 September 2024, opens a new chapter in Scotland’s constitutional journey. It seeks to navigate the constitutional complexities and create a democratic mandate for the Scottish Parliament’s power and emphasises the need for a permanent Scottish written constitution.
The Unfolding Tapestry of Scotland’s Constitutional Future
As Scotland navigates the intricate web of constitutional debates and proposals, pursuing independence remains a vibrant and evolving force. The multifaceted approach, encompassing constitutional frameworks, proposals for referendums, and legislative initiatives, underscores Scotland’s commitment to defining its future. In the face of opposition and legal intricacies, the aspiration for an independent Scotland stands resilient. The debate on independence is not merely a political discourse; it’s a dynamic and evolving narrative, shaping Scotland’s destiny as it forges ahead into uncharted constitutional territory.
