The process by which Scotland adopts a written constitution is almost as important as its content. The process of agreeing and enacting the constitution should ensure that it reflects the fundamental constitutional truth - that the people, rather than politicians or state institutions, are the sovereign authority in Scotland. The Scottish Government proposes that a newly elected independent Scottish Parliament should convene a
constitutional convention to draft the written constitution. In taking this path, Scotland will be following in the footsteps of many other countries, not least the United States of America, whose constitutional convention in 1787 drafted the Constitution of the United States.
As the post-independence Scottish constitutional convention will convene under the auspices of the Scottish Parliament, the remit and membership of the convention should be a matter for the Parliament to determine. The Parliament should also determine the process by which the constitution produced by the convention will become the constitution of Scotland.
The Scottish Government believes a constitutional convention should ensure a participative and inclusive process where the people of Scotland, as well as politicians, civic society organisations, business interests, trade unions and others, will have a direct role in shaping the constitution. We therefore propose that international best practice and the practical experience of other countries and territories should be considered and taken into account in advance of the determination of the process for the constitutional
convention. In the last decade, citizen-led assemblies and constitutional conventions have been convened in British Columbia (2004), the Netherlands (2006), Ontario (2007) and Iceland (2010). In 2012, Ireland announced it will hold a citizen-led constitutional convention to review various constitutional issues. The Irish convention met for the first time in December 2012.
The Scottish Government will be just one of many voices which will contribute to the debate and help to shape the content of Scotland’s written constitution. However, there are certain provisions that we believe should be included. In particular:
Everyone in Scotland should be entitled to equality of opportunity and to live free of discrimination and prejudice. Everyone should be entitled to public services and to a standard of living that, as a minimum, secures dignity and self-respect and provides the opportunity for them to realise their full potential both as individuals and as members of wider society. The Scottish Parliament has promoted equality and given rights to vulnerable citizens (for example, by putting in place the most progressive homelessness legislation in Europe). Equally, the Scottish Government has taken steps to protect the principles of free education and health care. The constitution should therefore provide a collective expression of the positive values
that the people share and a constitutional convention should consider how to further embed equality and human rights within the constitution and the extent to which the people of Scotland should have constitutional rights in relation to issues such as welfare, pensions, health care and education.
Scotland’s natural resources are vital to the future success of an independent Scotland. We believe a constitutional convention should examine how principles on climate change, the environment and the sustainable use of Scotland’s natural resources should be constitutionally protected to embed Scotland’s commitment to sustainable development and responsible and sustained economic growth.
We believe that nuclear weapons have no place in Scotland. We will therefore advocate that a written constitution should include a constitutional ban on nuclear weapons being based in Scotland.
Many countries around the world place constitutional controls on the use of military power. We believe that a constitutional convention should examine the war powers of an independent Scottish Government and ensure a role for an independent Scottish Parliament in monitoring the use of those powers.