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Proposed Amendment S107.22 [Accepted & Made 17.03.2019]

This topic contains 1 reply, has 2 voices, and was last updated by  Mark McNaught 8 months ago.

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  • #1205

    SC_Admin
    Keymaster

    Before

    Section A: Purpose of the Corpus of Scottish Law

    § 1: The CSL shall make the entire Scottish legal code transparent and readily available online to all citizens and legal residents, that all may understand and follow the law under all circumstances.

    § 2: The CSL shall be written in the clearest, most understandable language, syntax, punctuation, and wording possible, employing the simplest most broadly understood words available, that all citizens and legal residents clearly understand the law, preventing its misapplication and exploitation, seeking to universally assure equality of access to and treatment under the law.

    § 3: The CSL shall be structured to be continuously updated to be fit for purpose for the political and economic circumstances of the future, eliminating the need for public administrations to develop separate regulations to enact law. Mechanisms shall be established for the administrations and civic groups to play a direct role in modifying the CSL in their respective administrative spheres. This has the intended purpose of reducing the time and energy elected representatives spend on enacting legislation, allowing them to devote maximum time to advocate for the issues and interests of their constituents.

    After

    Section A: Purpose of the Corpus of Scottish Law

    § 1: The CSL shall make the entire Scottish legal code transparent and readily available online to all citizens and legal residents, that all may understand and follow the law under all circumstances.

    § 2: The CSL shall be written in the clearest, most understandable language, syntax, punctuation, and wording possible, employing the simplest most broadly understood words available, that all citizens and legal residents clearly understand the law, preventing its misapplication and exploitation, seeking to universally assure equality of access to and treatment under the law.

    Justification

    A main trait of a constitution is its steadiness and the fact that it’s harder to modify the constitution than other legal rules. From this perspective, I don’t think it’s appropriate the provide a mechanism which updates the constitution continuously. I think it’s true there goes a lot of work in the developing of separate regulations to enact law, but I think this is a necessary need to assure that the rights provided in the constitution are not easily affected.

    The constitution is a legal body of fundamental rules which should ‘always’ be respected. I think it’s more fit to only write the basic fundamental rights of people and the principles of how the political and legal institutions work in the constitution. Principles that will endure and that do not need to be updated. Of course, it is really hard to do so, so updates will absolutely be necessary in the future. But I think it’s rightful that any change to the constitution should go with the procedure that is required to do so.

  • #1264

    Mark McNaught
    Keymaster

    Agreed. I’m still working on the constitutional amendment mechanisms. I’m seeing how the Constitution and the CSL evolve.

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