I first wish to graciously thank you all for coming. I would like to begin by emphasizing how fortunate we are that we can gather peacefully at the Pearce Institute, and discuss how to build a modern, democratic Scotland. This small yellow flower on my left shoulder was given to me by a Catalan […]
Saturday 1 December 2018 15:00 – 17:00 GMT Pearce Institute 840-860 Govan Road Glasgow G51 3UU https://www.eventbrite.co.uk/e/launch-of-the-clyde-built-constitution-for-the-scottish-state-tickets-52523729890 John Drummond is a long-term advocate of a written Scottish Constitution. He is founder of the Scottish Independence Convention and founder of the Constitutional Commission. Since 2012, Dr. Mark McNaught, Lecturer in Law and Political Science at the […]
As a teacher of United States constitutional law, I am often confronted with the profound shortcomings of the 1789 document in the modern era. When ratified, it was an ingenious and innovative distillation of pre-existing constitutional principles, which provided a means of coordination among the states to solve large-scale problems such as trade and collective […]
The legacy of English common law in establishing individual rights has served as a template for many countries, including the United States and much of the former British Empire. Beginning with the Magna Carta in 1215 which established among others the right of habeas corpus and juries of peers, passing through the tumultuous XIV and […]
Otto von Bismarck is to have famously opined that making laws is like making sausage; the longer you observe it, the less appealing the final product is. Despite the lack of ‘beauty’ in the passage of laws, what is more disturbing from a democratic point of view its almost total opacity, to the point where […]
The system of laws in Scotland is currently a mix of UK, European, and Scottish, law, some predating the Act of Union of 1707. Were Scotland to achieve independence, this would involve a wholesale transfer of law-making authority from the UK to Scotland in many new areas, while of course maintaining the letter and spirit […]
In addition to enshrining rights and political values, a principle purpose of a written constitution is to establish fundamental rules of governance and parliamentary procedure. If well designed, a constitution can provide for a fair, equitable process for adopting laws which allows the majority to function while respecting the rights of the minority. If badly […]
Ancient Athens is often held up as the closest the world has come to a pure democracy. Male citizens would meet in the assembly to adopt laws, pass legal judgments, and other administrative business. This system excluded women and slaves, but it nevertheless gave the world a model for what true citizen participation could mean. […]
The latest row over cronyism in Westminster involves David Cameron opening a factory in Brazil on behalf of billionaire Sir Anthony Bamford, chairman of construction equipment giant JCB, very generous donor to the Tory party, and purportedly in line for peerage. The spectacle of the UK prime minister celebrating the creation of Brazilian rather than […]
As part of our ongoing project to develop a written constitution worthy of ratification in an independent Scotland, I am beginning a series of articles to explain what is included in the present draft, and elicit comment and suggestions as to how it could be improved. In Scotland, the issue of land and the environment […]
Last March 16 in Paris at the Fondation Nationale des Sciences Politiques, I had the honour of hosting an academic conference on a written Scottish constitution (the entire conference can be listened to here: links can take time to download). It succeeded beyond my highest aspirations. Pooling some of the best minds on constitutional issues […]
With the international participation of scholars and specialists, we at Newsnet Scotland are undertaking an ambitions project to develop a written constitution underpinning a Scottish Republic worthy of its people. Scotland’s Future calls for a constitutional convention after independence in 2016 to draft a written constitution. In the meantime, this does not prevent citizens and […]
On the 16th of January, Alex Salmond announced that one of the first priorities in the event of a ‘yes’ vote on independence would be to draft a written constitution. This will undoubtedly be seen as a milestone in the debate. While he gave few details, rightly stressing that a Scottish constitution would be drafted […]
As a teacher of US Constitutional law and rights, cognisant of the degree to which the US does and does not uphold its stated rights, the possibilities for Scots to craft a novel approach to constitutional rights are truly unprecedented and promising. There is much to learn from other countries and constitutions to help determine […]
The neo-liberal assault on labour unions over the last 30 years has gone hand in hand with an erosion of workers’ rights. The unquenchable thirst for corporate profits and ‘shareholder value’, coupled with corrupt collusion between the state institutions and multinationals, has decimated entire industries, job stability, and the right of workers to petition their […]
The British Monarchy is so ingrained in the mythology of the United Kingdom, that it is often difficult for many to envision what alternatives exist as head of state for an independent Scotland. It is of course, a taboo subject, being as the Monarchy is synonymous with the UK, and is held to be a […]
Last week the welfare debate took a turn for the vile when Chancellor George Osborne capitalized on the arson case of Mick Philpott to draw a parallel between receiving welfare benefits and burning your children. There is a picture online of Philpott wearing an England jersey. It would be equally ludicrous to suggest that he […]
In 1629 Colonial America, the land of what presently constitutes the Carolinas was granted by Charles I to Attorney General and fellow Londoner Sir Robert Heath to establish tobacco plantations. While Heath lost his possessions during the English Civil War under the reign of Oliver Cromwell, eight noble ‘Lords Proprietor’ were granted the Carolinas by […]
Observing First Minister’s questions from November 22, one is struck with the bitter acrimony, hectoring, and hypocrisy exhibited by the opposition leaders towards Alex Salmond. More than half the time was consumed hurling incessant criticism of his mistaken statistic on education funding followed with his responses, rhetorically seeking to elevate it to Watergate-level proportions. Rather […]
The recent controversy over a misstatement by Alex Salmond regarding education funding, the ferocious reaction accusing him of mendacity, his subsequent apology, and his critics’ failure to own up to their own misstatements (or worse) point out fundamental problems in parliamentary debate. Lies, falsehoods, and smears too often pass without accountability. The accuracy of parliamentary […]
The shrill and petty accusations of being a ‘bare faced liar’ directed at Alex Salmond over his disclosure in an aggressive interview that he had sought legal advice over EU membership obscures the much larger question of Scotland’s continued membership in the EU in the event of independence. Bolstered by Spanish foreign minister’s José Manuel […]
A recent poll conducted by the Guardian showed that 56% of UK citizens would ‘definitely’ or ‘probably’ vote to leave the European Union if given the chance in a referendum. This should give great pause to those who gave Alex Salmond so much grief over comments regarding legal advice on continued EU adhesion in the […]
The brutal back and forth between the unionists and the Scottish government over continued EU adhesion obscures one basic fact: there is no clear answer to Scottish accession to be found in the treaties. Another solution must be devised. This has led to uninformed speculation about what would happen in the event of independence, and […]
The UK government report ‘Scotland Analysis: devolution and the implications of Scottish independence’ issued February 11 indicates that the Coronation Oath will no longer will be applicable to an independent Scotland, and that the Scots would need to reapply for the privilege of being royal subjects. Scots will be summarily excommunicated from the Monarchy for […]
Recent comments by the vice President of the EU commission Joaquim Almunia suggest that if Catalonia votes for independence in 2014, they would be expelled from the EU. The Catalan government would then have to reapply for membership to be unanimously approved by all member states, thereby granting a veto to the Spanish government, who […]
First published on Newsnet.scot on 20 November 2013 as part of a series of articles on constitutional issues published between July 2012 and Sept 2014. Brexit proponents have not even begun think through the ramifications of a UK withdrawal. If Westminster really wants to go through with an in/out referendum on EU adhesion, they must […]
Following the release of Scotland’s Future, it seems that the only argument remaining to unionists is the threat of expulsion from the EU and the sterling zone. However, it is overwhelmingly likely that Scotland will remain in both once Scots vote for independence. These threats will ultimately be seen for what they are: fear-mongering bluster. […]
Before the referendums, the EU must understand that Scotland and Catalonia shall not be moved by their intransigence and they’ll never keep us down. Whatever equestrian faeces is being heaped upon them by the Spanish and the UK governments, they must tacitly make way for seamless adhesion after they vote for independence, or risk disintegrating. […]
Over the past week, Scots have vividly seen the institutional boulders the EU and the UK have dropped on Scotland’s road to independence. Manuel Barosso and George Osborne clearly do not believe in facilitating self-determination through cooperation, and are using threats of expulsion to cower Scots into voting for continued Westminster subservience. While becoming a […]
The issue of Scotland continuing as a member of the EU membership has largely lost its saliency in the Scottish independence campaign. ‘Better Together’ cannot threaten Scots with expulsion if the UK is preparing to leave anyway. This presentation by Dr. Nicolas Levrat, head of the Institute of Global Studies at the University of Geneva, […]
The recent naming of Justin Welby as Archbishop of Canterbury has reminded UK citizens that that they are members of a state with an official religion, regardless of the degree to which they practice or believe it. Although the Church of Scotland and England are technically separate, Queen Elizabeth II is officially the head of […]
A cursory review of documents which have forged UK constitutional history amply demonstrates that sectarianism is a primary source of state legitimacy. We also observe laws passed by Parliament that have sought to codify religious dogma, to be promulgated through the established church. The Westminster Confession of Faith of 1646 was an act of Parliament […]
The Scottish government will set out an interim written constitution at the end of the current parliamentary session at the end of June, with plans for a constitutional convention to be held after full independence in March 2016 to finalize the constitution for generations to come. For those of us who have been advocating a […]
As part of the UK, church-state relations in Scotland are ambiguous to say the least. The UK Monarch is the head of the Church of England, which is the established church in England, but not in Scotland. At the same time, there is an open question as to whether the Church of Scotland is officially […]
Structural debt and deficit, reserve currency bonds, IMF tutelage, World Bank structural adjustment, forced austerity, and other blunt financial instruments which have forged the international financial system since the Bretton Woods agreement of 1947 have shown their age and inflexibility. Scotland, as part of the UK, is hitched to this institutionalized financial fate, with precious […]
The UK political system has recently revealed a number of its unappealing attributes. These bear heavily on Scotland’s independence referendum; by implication, they illustrate what kind of country an independent Scotland could become. Political fraud must be recognized and constitutionally proscribed, so that an independent Scotland does not fall prey to intractable, endemic corporate corruption. […]
The recent disclosures over Prince Charles’ improbable status as ‘Duke of Cornwall’, and the fiscal advantages conferred by his title in running the 9-figure Duchy of Cornwall, Inc., shine a light on the archaic UK tax code and the myriad of exemptions, loopholes, and grey areas which have been a major cause of the current […]
The recent revelations in the Independent on the lack of cooperation between aristocratic landowners and the Scottish government over land reform reveal not only the scandalously excessive influence of feudalism within the UK, but also the need for Scotland upon independence to clearly assess who owns what, levy fair taxes on all, and create a […]
Among the many opportunities offered by independence, perhaps the most important for creating a more egalitarian society is a complete re-codification of the legal system into a comprehensible, accessible, relevant, and applicable corpus of laws. Laws should be clear and understandable to all, so that they can be correctly abided by and not exploited. The […]
The imbroglios over the which national colours of smoke should be precisely spewed from the tailpipes of British warplanes flying over the commonwealth games, the removal of a spectator who flew a ‘yes’ saltire at a swimming event, the banning of ‘yes’ campaign buttons from events, and the distribution of double Scotland/UK flags are indicative […]
As George Osborne’s cuts begin to gash deeper in to the already unravelling social fabric, Scots are reminded once again what a dismal and malicious political system Westminster has become. Once they fully fathom the rottenness of Westminster, its utter incapacity to reform in a positive direction, and the amazing opportunities for democratic good governance […]
The Scottish government is due to release the White Paper in November, which will set out a vision of what independence will mean. In the meantime, it is interesting to consider what international posture an independent Scotland could adopt, what effect independence could have on British identity, and how a fairer more democratic Scotland can […]
The release of Scotland’s Future has begun to put some flesh on the bones of what an independent Scotland will look like. However, further details on how a fairer, more egalitarian, and prosperous society must be developed not only to secure a yes vote, but to assure that a new Scottish democracy is not smothered […]
“I said, that we are important people. Right up until the 18th, us of the working class, from the 19th on we’re even more important. We have to take power for ourselves. On the 18th between 7AM and 10PM, 15 hours, a wonderful thing happens to us. When we pick up that wee bit of […]