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Introduction
#1
Introduction

Why a Constitution for a Self-Governing Scotland A codified written Constitution is a framework for government institutions rather than a detailed policy document. It sets out the fundamental law that defines the state, establishes and regulates its institutions, protects its citizens by authorising the extent of powers available to the government, and in general provides an overarching legal framework for the governance and well-being of the people and the conduct of politics. 

1. The Scottish Nation, a fusion of multiple peoples, is one of the most ancient nations in Europe, with 1500 years of shared experience as a political unit that has occupied its national territory throughout its entire history. Historical evidence shows that the Scottish Kingdom was founded by Fergus Mor around the year 500 AD and was a sovereign state for over 1200 years until Union with England was imposed in the year 1707.

 2. The UK parliamentary system has not adapted to society as it is today. The system was built up in the industrial era, at a time of limited education and at a time of rigid traditional bonds of place, class, and institutional social structures. Today's better educated, more affluent and socially flexible population expects greater control and choice over the many aspects of their lives than today's politics provide. The people have moved on, but in the main, the system has stagnated. 

3. Status of Governance: Currently, Scotland has too much centralised government - by Brussels, Westminster, Holyrood and Local Authorities, yet there is a marked lack of democratic representation and accountability. 

4. Remote Control Governance: The current system was set up for remote, centralised control by the Westminster based Scottish Office, with little or no accountability to the electorate, resulting all too often with the stifling red tape driving our brightest talent to seek pastures abroad. Devolving some authority to Holyrood has merely transferred some of these controlling powers to the ScottishCabinet. 

5. Accountability: Under the current forms of government there is an absence of accountability to the electorate (the employers) that makes a written Constitution not only desirable but also essential. A Codified Written Constitution (CWC), underpinned by constitutional sovereignty would provide improved accountability and democracy in comparison to the current system of parliamentary sovereignty that makes accountability very difficult. 

6. Public Involvement: It is considered that the necessary constitutional reform can only be achieved by a codified written Constitution. Further, the new Constitution should be compiled following extensive public debate. 

7. Authority: Under a codified written Constitution the supreme sovereign authority rests with the people not with Parliament as currently accepted. 

8. Rationale: A codified written Constitution would provide the path to a fairer, more enterprising and inclusive society based on greater citizen involvement. It would change our lives for the better by supporting the values that we hold dear. 

9. Constitutional Framework: To promote flexibility, the Constitution - as the Fundamental Law - performs as the roots and trunk of a treelike structure, with the branches being the enabling Acts of Parliament. The Acts of Parliament contain the detailed content, which can, when appropriate, be amended to suit the evolving needs of society. 

10. Devolved Government: In order for the electorate to feel any ownership of the political system they must understand how they can influence the decision-making process system and see the results of their input on a local or a personal basis. It is therefore proposed that the Community Councils be provided with clearly defined powers, funds and assets. It is proposed that the thirty-two (32) Local Authorities and their current powers be reorganised and divided between a lessor number of larger Regional Assemblies and the local Community (Burgh) Councils. All of the powers and responsibilities of the current local authorities should be evaluated and progressively divided between regional assemblies and community councils to achieve viable and practical, fit for purpose people based outcomes.


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