Book contents
- Frontmatter
- Contents
- Acknowledgements
- 1 Introduction
- 2 The Global Development of the Westminster Model
- 3 The Scottish Context
- 4 The Emergent Scottish Constitutional Tradition
- 5 2002 Draft I: Parliament and the Legislative Power
- 6 2002 Draft II: Head of State and the Executive Branch
- 7 2002 Draft III: Judiciary, Rights and Substantive Provisions
- 8 The SNP's Constitutional Policy 2002–14: From Liberal Procedural Constitutionalism to Democratic Populism?
- Appendix A
- Appendix B
- Appendix C
- Bibliography
- Index
Appendix B
Published online by Cambridge University Press: 12 September 2017
- Frontmatter
- Contents
- Acknowledgements
- 1 Introduction
- 2 The Global Development of the Westminster Model
- 3 The Scottish Context
- 4 The Emergent Scottish Constitutional Tradition
- 5 2002 Draft I: Parliament and the Legislative Power
- 6 2002 Draft II: Head of State and the Executive Branch
- 7 2002 Draft III: Judiciary, Rights and Substantive Provisions
- 8 The SNP's Constitutional Policy 2002–14: From Liberal Procedural Constitutionalism to Democratic Populism?
- Appendix A
- Appendix B
- Appendix C
- Bibliography
- Index
Summary
Article I – Constitution and People
(1) The rights of the people of Scotland to self-determination and to sovereignty over the territory and natural resources of Scotland are absolute and shall be limited only by such agreements as may be freely entered into by it with other nations or states or international organisations for the purpose of furthering international co-operation, trade, and world peace.
(2) These rights shall be exercised in accordance with this Constitution, which shall be the supreme law of the land, and which may be amended only in accordance with provisions as to amendment hereinafter stated; all rights and obligations of European Union membership shall also be recognised; the extent of Scotland's rights to territorial waters and natural resources beyond territorial waters shall be determined according to international law.
(3) The Territory of Scotland comprises all those areas over which the Court of Session and High Court of Justiciary have exercised jurisdiction since the time of, and in virtue of, the ratification of the Articles of Union of 1707, and all the territorial waters appertaining thereto under international law at the time at which this Constitution comes into force, and the sovereignty of the Scottish state extends over all such rights in relation to exploitation of the resources of the sea, the sea bed and the sub soil thereof beyond the limit of territorial waters as are enjoyed and exercised by states under international law at the time at which this Constitution comes into effect; and for the future, the extent of the territorial waters and of such other rights shall be determined in accordance with the relevant provisions of the law of nations for the time being.
(4) (a) Every person whose principal place of residence is in Scotland at the date at which this Constitution comes into force shall be a citizen of Scotland, and shall remain so until such time, if any, as he or she shall renounce such citizenship.
(b) Every person whose place of birth was in Scotland or either of whose parents was born in Scotland, being a person who is alive at the date at which this Constitution comes into force, shall be a citizen of Scotland, and shall remain so until such time, if any, as he or she shall renounce citizenship.
- Type
- Chapter
- Information
- Constituting ScotlandThe Scottish National Movement and the Westminster Model, pp. 221 - 234Publisher: Edinburgh University PressPrint publication year: 2016