The following document is the result of some thinking about
the mechanisms of government. It has ideas I put together after
noting different political events at different times. After the
ideas had undergone some development, I wanted to receive some
opinions on them and needed some way of completely and coherently
encapsulating everything. As I have had an interest in the
Scottish independence movement for a few years, I chose to write
a complete, functioning, constitution for an independent
Scotland.
The bulk of the document was written during January of 1987, and during February, March and April, I did some minor revising. After receiving a Scottish National Party policy paper on an SNP constitution for Scotland, I made some minor inclusions as well. The following is the (so far) final result.
I don't always remember the reasons for coming up with a particular idea, but I do recall reasons for supporting it. With this in mind, I shall comment on specific parts of this constitution in the general order of topics as they appear. Such parts will be listed by article number, section number, and paragraph number. Thus; 4.6.3 would be article 4, section 6, paragraph 3. 4.6,9,12-14, 4.15.2-3 would be article four, sections six, nine, twelve through fourteen, and article four, section fifteen, paragraphs two through three.
1.2 (4.1,16-20)
I seem to remember a number of newspaper and magazine articles relating to the 1980 U.S. presidential election. An often commented problem with U.S. foreign and domestic policy was that it often seemed to undergo a one-hundred eighty degree spin every four to eight years.
A question created by this is how to prevent such a rapid shift, how to slow things down. The answer I have come up with is to borrow from the British House of Commons and the Roman Catholic College of Cardinals and devise a long term President in the form of a Monarch elected by The House of Lords. Such a presidential elected Monarch has, of course, set constitutional limits, and, as with the U.S. President, is impeachable. As a check, and as a way of amplifying the wishes of the general population and their regularly accountable (reelected) representatives, the Monarch's counterpart/opponent (depending on intergovernmental relations) is a Prime Minister, chosen from The House of Commons, who is the head of the Government in Parliament.
1.3
Seeing as it is the language of Scotland, no matter what any current sort of bureaucracy may speak . . . .
2.1
Something which I thought was important in the area of general equal rights was whether a One is a Person. While I have read that Scotland is much different, in the 1787 U.S. Constitution, a slave was a One, but not a Person. I wished to make it plain that there should be no difference, but wasn't fully comfortable with my choice of words. It wasn't until I was finishing the typed up revisions that a friend suggested "that, the, an, individual."
2.2.2
Another matter was brought up as the revisions were being completed, that of religion. An individual should have the freedom of choice of a particular religion, but what about one whose difficulty or hindrance is a lack of freedom from religion? Would 2.3-4 and 7.3.2 adequately cover this? What happened to the Viscount Stair in the latter half of the 17th century? Remember that not everyone will have an estate and a hobby to retire to.
2.3-4
Another matter covered by these two sections is related to the poll taxes used on many people in the U.S., often black, to get around Congressional civil rights laws. If "one of them" didn't have the money needed to vote, well, that was too bad.
"Place of habitation, or lack thereof" came from a newspaper report of a family which was on welfare, wanted off, and was too poor to afford any fixed housing. Since they lived in their truck, looking for work by day and going to a different parking lot each night, they had no fixed address. Because of the lack of an address, it was decided that the family could not qualify for the welfare money which could directly or indirectly help get a job and get off welfare.
2.5
From Newsweek, October 4, 1982: In early 1982, Morton Grove, Illinois enacted legislation banning the sale and ownership of firearms by private citizens. By October 1982, there had not been much of an impact on crime, and in fact, there was an armed robbery the day the legislation went into effect. As a backlash to Morton Grove's legislation, Kenneshaw, Georgia enacted legislation requiring every head of household to own a gun and ammunition. A later alteration permitted exemptions on grounds of conscientious objection. In six months the previous year, Kenneshaw had five armed robberies. During the same period in 1982, there had been none. The number of residential burglaries dropped from 42 to two.
Of course, this has nothing to do with the prevention of delayed pistol, rifle, whatever, delivery for the purpose of checking for a prior criminal record.
2.7.2-8
In the U.S., this is called a Miranda warning. In this constitution, its called built in.
2.7.3 (5.2.4)
In the U.S., all criminal trials must be by jury. For this constitution I chose to adapt the Scottish system of Law, but in that system, who decides the seriousness of a crime, and for what reasons?
2.8
Equal rights under the Law should be a simple concept, as should diplomatic immunity is not a license to speed through public streets screaming and shooting pistols at people. Such behavior should have its own reward.
3.5.2-3
Paragraph 2 was simple enough, but the wording of paragraph 3 gave me some trouble. I would expect that political parties would form, but how, why, and in what form, I don't know. Hopefully paragraph three would provide equal representation. Hopefully, it would also provide for earned exceptional interest on the part of some individuals without outlining the presently indeterminable.
3.10
I have read that there are about seventy Scottish peers in the British House of Lords. Rather than cut them off cold, I think they should be offered seats in the House of Lords of an independent Scotland. However, a House of Lords made only of hereditary peers could cause much damage to an otherwise mostly democratic state. Also, if The House of Lords is to serve as a legislative, long term think tank with an equally long memory ideally some method or manner must be chosen for selecting the highest quality Lords, of both genders, from as wide a spectrum as possible. Hopefully, with the Monarch or Speaker of The House of Commons selecting, and Commons approving, this can be achieved, or at least approached.
3.16
With this, I want to prevent an attempt by the Monarch at packing The House of Lords. A two year duration list should prevent this, as should the three Lord, potential majority vote, by lot, in case the Speaker and the oldest Lords should suddenly acquire a bias. Another thought which just occurred is that a chance produced hereditary majority could prove tricky. Perhaps a requirement should be that two of the lots should be limited to the Merit Lords and Law Lords.
3.17.3
There is a difference between this and the U.S. Constitution. The U.S. Congressional record can be altered after the fact. There are other reasons, but in the matter of basic accuracy and a record of what really happened, a representative from Glasgow should not be "referring to the honorable and respected fellow member from Edinburgh," when what she (or he) called the particular representative from Edinburgh was "that stupid son of a bitch!"
3.18.1
In the U.S. a howl goes up every time the . . . public servants . . . suddenly vote themselves a raise. I see nothing wrong with legislators trying to beat the cost of living. I also see nothing wrong with their doing onto others and then hoping to be reelected.
3.20.3-4
I borrowed the Line Veto from the California Constitution, the Complete Veto from the U.S. If enough of each House wants a bill, it will pass.
3.21.9-11
Football, American style, teams tend to have hordes of cheerleaders, why not books? As for money for the College of Justice, shall that College study the golden rule, or the rule of Law? The former, by the way, is the One with the gold, makes the rules.
3.21
An apparent problem with the U.S. military forces, and possibly other military forces, is interservice rivalry in the context of "we and our equipment can do the job better than anyone else." Thus, practical considerations aside, the Army has airplanes, the Coast Guard has helicopters, the Air Force has soldiers, and they're all spending money like drunken . . . pick your branch.
I propose dividing the military by general occupation. If the job requires holding a rifle while running, crawling, etc., flying a one person jet, such as a single seat model F-16 or Harrier, parachuting into an ocean and climbing up a seaside cliff, create a body of people to take care of such one person jobs, and call that body the Marines. If the job requires operating a battleship or submarine, operating a tank, launching a good sized missile, flying a bomber/fighter-bomber, create a body of people to take care of such two or more person jobs and call that body the Navy. Such a system should take care of extensive equipment and personnel redundancies. The specific references to "tasks and procedures of" is to ensure that some ill tempered Admiral isn't able to order some Colonel to perform the one person job of carrying out the Admiral's garbage. It should also help prevent the ridiculous, though possibly logical, extrapolation of placing a Navy crew in the middle of an otherwise Marine base for the sole purpose of servicing Marine jets.
4.4-14
Yes, I have made the election of a Monarch a complicated affair. One; look at the stakes involved. Two; look up the history of Papal elections.
4.16.2
This paragraph may need rewriting, but the idea is that The Monarch (not the Monarch's spouse, son, daughter, cousin, nephew, etc.) is the elected royalty, that the highest office in the land is temporary and by no means hereditary. Hail to the Chief, certainly. Look respectful for the Chief's spouse, fine. Hail to the hereditary despot who grabbed the post-election reins, never! If the spouse, son, etc., is a legal member of the Commons, the Lords, the Judiciary, such a title should take precedence over "first whomever." If the spouse is otherwise untitled, (not even mayor or some such position,) a "title" of Consort should be possible. But nothing further.
7.2 (4.2)
How shall a person be Monarch of the Constitutional Monarchy of Scotland, after having completed the Constitutionally required twenty five year residency in the same, said, state, if that state hasn't yet existed for twenty five years?
Soooo . . . Without further ado . . . . ;
1
On the Government of Scotland
1.1
The State for which this Constitution is created shall be called the Constitutional Monarchy of Scotland; being a political entity with a representational government chosen equally of and by the Citizens, by the chosen representatives of the Citizens, for the Citizens and People of Scotland.
1.2
The form of the entire Government of Scotland shall be a Constitutional Parliamentary Elective Monarchy which shall be made of three parts; a bicameral Parliament made of The House of Commons and the House of Lords, an Elected Monarch, and a Judiciary independent of both the Legislative bodies, and the Executive.
1.3
The official language of the Government of Scotland shall be Scottish Gaelic.
2
On the People of Scotland and their Inherent Rights
2.1
A Citizen of Scotland shall be One, Person, who has been born in the territory of Scotland, who is subject to the Jurisdiction thereof, who has not renounced Citizenship after achieving the age of eighteen, or shall be One, Person, who has been naturalized a Citizen according to the Laws of Scotland. Naturalization shall only occur with the consent of the One concerned and the Government.... of Scotland.
2.2
Certain rights and, or, freedoms of each and every Citizen of any age do exist and, as listed herein, shall not be limited by the Government of Scotland, or by any individual or organization in the jurisdiction of Scotland, except where the function of these rights and, or, freedoms causes to obstruct the rights or freedoms of another or others.
Each Citizen of Scotland shall have guaranteed the right of Freedom of speech and other forms of expression, Freedom of the press and other forms of communication, Freedom of religion and of peaceful assembly, Freedom to petition the Government for redress of grievances, Freedom to join or resign at will from a workers trade union of that Citizen's choice, such a union being of and for the workers of that union, which shall have the right to strike and which shall be solely for the purposes of protecting the rights and interests of Citizens of Scotland, within the framework of Laws of Scotland governing this.
2.3
Each Citizen of Scotland shall not be advanced or hindered because of race, color, sex, sexual preference, parentage, language, homeland or origin, faith, religion, political opinion, financial ability, place of habitation, or lack thereof, except solely in such cases regarding the transference of the title of a formally recognized Peer Lord of Scotland, where parentage alone shall be cause of reason for such advancement.
2.4
Each Citizen of Scotland who is at least eighteen years of age shall have guaranteed the right to vote regardless of race, color, sex, sexual preference, parentage, language, homeland or origin, faith, religion, political opinion, financial ability, place of habitation, or lack thereof.
2.5
Given the right of free Citizens to protect themselves and ensure their freedom and security, the right of the Citizens and People of Scotland to keep and bear arms shall not be infringed.
2.6
The right of Persons to be secure from unreasonable search and, or, seizure, by any means or method, of their Persons, houses, records, personal communications, and effects, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the Persons or things to be seized, nor shall private property be taken or used for public use without public proof of adequate cause, nor without due process of Law and just compensation.
2.7
No One shall be held to answer for a capital, or otherwise infamous crime, unless on a complaint or indictment of a legal public prosecutor, and no complaint or indictment shall issue, but by preparation by a legal court, upon request of a legal public prosecutor, who shall have included in the request and in the complaint or indictment the name of the One accused, the time and place of commission of a legal offence, and any material facts charged against the accused that shall have occurred, except in cases arising in the Military Forces, or in the Militia, when in actual service in time of war or public danger.
No One shall at any time be placed under arrest or otherwise so held without then and there having a known full understanding of all rights and privileges due to that One under the Law;
In all criminal cases of solemn procedure, the accused shall enjoy the right To a speedy and public trial, by an impartial jury of the area wherein the crime shall have been committed, which area shall have been previously ascertained by Law;
To be informed of the nature and cause of the accusation;
To be confronted with the witnesses against the accused;
To have compulsory process for obtaining witnesses in the favor of the accused;
To have the assistance of counsel for the defense.
No One shall be compelled in any criminal case to perform self accusation, nor may any One be deprived of life, liberty, or property, without due process of Law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted, nor shall any One be subject for the same offence to be twice put in jeopardy of life and limb. Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, exist in the Constitutional Monarchy of Scotland, or any place subject to its Jurisdiction. No bill of attainder shall be passed, nor ex post facto Law.
2.8
All who are in the territory of the Constitutional Monarchy of Scotland who are not Citizens of same shall be subject to the jurisdiction of the Constitutional Monarchy of Scotland, and shall have due them all the inherent rights of Citizens of the Constitutional Monarchy of Scotland, excepting those Ones formally recognized by diplomatic treaty as being outside the jurisdiction of the Constitutional Monarchy of Scotland.
The Government of the Constitutional Monarchy of Scotland shall have the right and ability to remove from the territory of same any One not within the jurisdiction of the Constitutional Monarchy of Scotland, but shall not at that time further alter the circumstances of such a One without formal legislation involving the entire Government of the Constitutional Monarchy of Scotland.
2.9
The powers not delegated to the Government of the Constitutional Monarchy of Scotland, nor prohibited to the Citizens of the Same, by the Constitution of the Constitutional Monarchy of Scotland, are reserved solely to the Citizens of the Constitutional Monarchy of Scotland.
3
On the Parliament of Scotland.
3.1
All legislative powers herein granted shall be invested solely in a Parliament of the Constitutional Monarchy of Scotland, which shall consist of two parts which shall be a lower house, herein referred to as and to be called The House of Commons, and an upper house, herein referred to as and to be called The House of Lords.
On the House of Commons
3.2
The House of Commons shall be composed of members chosen by the Citizens of the Constitutional Monarchy of Scotland to represent them directly in Parliament.
3.3
No One shall be a member of The House of Commons and represent a particular district without; having reached the age of twenty three years; having been seven years a Citizen of Scotland; being a resident of the particular district at the time of election, nor shall any One be a member of The House of Commons who is at the same time Monarch or a member of The House of Lords, or of the Judiciary.
3.4
Each member of The House of Commons shall be elected from a district of Scotland by the Voting Citizens of that district. Each One district shall be represented by One member of The House of Commons and each One member of The House of Commons shall represent One district. The area of each district shall be decided by reason of the number of Voting Citizens of that district and that number shall not be less than ten thousand. Each One district shall be approximately equal in number of Voting Citizens to every other district and its area shall be arranged by an act of The House of Commons.
3.5
The House of Commons shall be formed in a General Election of all members together and shall last for a legislative term ending either on the fourth anniversary of the creating General Election, or upon Dissolution of The House of Commons. Such Dissolution shall occur solely by act of The House of Commons. The next General Election shall be held during the last thirty days of the four year term, or within thirty days after Dissolution, and the date of such election shall, following consultation with the Monarch, be announced by the Prime Minister, or otherwise by the Speaker of The House of Commons. In no case shall the time between announcement of General Election and the election itself exceed thirty days. Only by a majority vote of The House of Commons during a time of formally declared war and for no longer a time than One additional year, may The House of Commons have the power to extend its term.
If a district should not have a representative in The House of Commons at a time not following announcement of a General Election, then a Special Election shall be held, for such a representative, in that district, by The House of Commons. The Special Election shall occur no later than thirty days following the loss of representation by that district.
If a district should not have a representative in The House of Commons at a time following announcement of a General Election, then a committee equally representing Voting Citizens of that district, to be made of Voting Citizens of that district, shall publicly choose some One legally qualified who shall represent that district until the completion of the election.
If a district should declare itself dissatisfied with the Member of The House of Commons elected to represent that district, the member may be recalled. The recall shall occur by the presentation, to The House of Commons, of a valid petition representing no less than four fifths of the Voting Citizens of that district. The valid petition must contain the name of the member to be recalled, the district which shall recall, which the member shall represent, the reasons for recall, and must show support of good faith of the voters represented by the petition. Validity of each such petition shall be judged by the Court of Session and High Court of Justiciary and shall not be appealed. The formation of such a petition may not be hindered by The House of Commons, nor may the petition be refused. Upon formal reception by The House of Commons of the valid petition of recall, the member for the district which presented the petition shall immediately resign from The House of Commons. If a General Election does not automatically result from that member resigning, then The House of Commons shall call for a Special Election in that district, the cost of which shall be paid for by that district, by a tax equal to that cost, to be levied once by The House of Commons.
No term of membership in The House of Commons resulting from a Special Election shall exceed that of the term of the rest of the House of Commons.
3.6
The House of Commons shall be convened at the first session of each term, and following the recommendation of the Prime Minister, shall be dissolved by the Monarch. The House of Commons shall choose its Speaker and any other officers required for The House of Commons in Session, shall be the judge of the elections, returns and qualifications of its members, and shall have sole power of impeachment.
If a session of The House of Commons is the first following a General Election, the oldest member of The House of Commons shall call the House to order and a Judge of the Court of Session and High Court of Justiciary shall administer the oath or affirmation of office to all members of The House of Commons. After the oath or affirmation of office has been administered to all members of The House of Commons, the oldest member of The House of Commons shall preside at that time that The House of Commons elects the speaker of The House of Commons.
If a session of The House of Commons shall meet that is not the first following a General Election and there is no Speaker of The House of Commons, then the same procedure of election shall be followed as if the session were the first following a General Election.
No One shall be Speaker of The House of Commons without being a member of The House of Commons and, at the time of election of the said Speaker, for that sole purpose, receiving no less than two thirds of the votes of The House of Commons.
The Member who is Speaker of The House of Commons may be removed from the same said office if the oldest member of The House of Commons who is not at the same time Speaker of The House of Commons calls for and gets two thirds of the votes, for that sole purpose of such removal, of The House of Commons. The Speaker of The House of Commons may not hinder such a procedure.
The Speaker of The House of Commons shall formally embody the entire House of Commons and shall also regulate debate, enforce the rules and procedures, preside over elections, and protect the privileges, of The House of Commons. The Speaker of The House of Commons may not show partiality, nor speak in debate, nor may the Speaker vote on any issue before The House of Commons, unless the vote is tied.
3.7
The Prime Minister of the Constitutional Monarchy of Scotland shall be chosen by the Monarch to be the head of the Government in Parliament, and as such, to carry out such Executive powers as are herein granted to such a One. No One shall be Prime Minister without being a member of The House of Commons and being able to command a majority of the votes of The House of Commons.
The Prime Minister may appoint and dismiss Ministers to assist in the function of the Government in Parliament. No One may be a Minister who is not a member of either The House of Commons or The House of Lords, nor shall the term of office of any such Minister exceed that of the Prime Minister who appointed that particular Minister. The number of Ministers so chosen shall not exceed one fifth of the number of the whole membership of The House of Commons.
The Prime Minister shall determine and be responsible for the general policy guidelines of the Government of the Constitutional Monarchy of Scotland. The Prime Minister shall, from time to time, give to the Parliament such information of the State of the Constitutional Monarchy of Scotland and recommend to their consideration such measures as the Prime Minister shall judge necessary and expedient.
The Prime Minister shall conduct the affairs of the Government, shall be responsible for National Defense, shall ensure the execution of the Laws, of the Constitutional Monarchy of Scotland, in accordance with the rules of procedure adopted by the Parliament of the constitutions Monarchy of Scotland and approved by the Monarch of Same.
On The House of Lords
3.8
The House of Lords shall be composed of members who shall represent in Parliament all the Citizens together of the Constitutional Monarchy of Scotland, and when necessary, shall be responsible for electing the Monarch of Scotland.
3.9
No One shall be a member of The House of Lords without being a Citizen of Scotland at least eighteen years of age, nor shall any One be a member of The House of Lords who is at the same time Monarch or member of the Judiciary or holder of any elected position not outlined herein.
The House of Lords shall consist of three categories. The first category shall be called the Peer Lords and shall Consist of those Ones who are formally recognized peers of Scotland. Formal recognition of such Ones shall be performed by the Court of Session and High Court of Justiciary or that Court to which the Court of Session and High Court of Justiciary grants jurisdiction. Titles of the category of Peer Lord shall be hereditary. The second category shall be called the Law Lords and shall consist of those Ones who are Judges who have retired from the Court of Session and High Court of Justiciary, who shall have been offered a title as a result, and who shall have accepted that title. The third category shall consist of those Ones who shall have done some great service to Scotland or shall have otherwise been offered a title as a result, and who have accepted that title. The titles of Law Lord and Merit Lord shall be for the life of the holder of the title and shall not be hereditary.
The candidates for Merit Lord shall be selected by the Monarch and shall be presented to The House of Commons. The House of Commons shall vote on each candidate, and if two thirds of The House of Commons assent, that One shall be offered a title of Merit Lord.
The candidates for Peer Lord who are not currently peers shall be selected by the Monarch and shall be presented to The House of Commons. If nine tenths of The House of Commons so assent, that One shall be offered a title of Peer Lord.
The combined number of Law Lords and Merit Lords plus two Lords shall be greater than the number of Peer Lords. If the number of Peer Lords is greater than the combined number of Law Lords and Peer Lords plus two Lords, then The House of Lords shall be incomplete and invalid. Such an invalid House of Lords shall not be capable of or have access to the duties or the privileges of The House of Lords.
If The House of Lords is incomplete and there is no Monarch, the Lord President of the Court of Session and High Court of Justiciary shall command that candidates for Merit Lord be selected by the Speaker of The House of Commons and presented to the House of Commons. The House of Commons shall then vote on each candidate and if four fifths of The House of Commons assent, that One shall be offered a title. During such a time of no Monarch, the ability to select candidates for new Peer Lord shall be in abeyance.
At a time that the combined number of Law Lords and Merit Lords shall exceed by two Lords the number of Peer Lords, The House of Lords shall be complete, and the selection of candidates for Merit Lord shall be the prerogative of the Monarch.
3.11
The formal insignia of each member of The House of Lords shall be a ring, signifying and displaying membership of The House of Lords, bearing that member's crest, insignia, or coat of arms, to be used as a seal as called for by occasion. Any specific details relating to the said rings or any other related matters shall be under the jurisdiction of The Court of Session and High Court of Justiciary or the Court in which the Court of Session and High Court of Justiciary grants jurisdiction.
3.12
All members of The House of Lords shall, singly, before entering The House of Lords, have their oath or affirmation of office administered by the Lord President of the Court of Session and High Court of Justiciary, and have their oath or affirmation administered before the Monarch.
3.13
If the title of Peer Lord should be renounced by the One holding that title, the title shall go into abeyance until the formal death of the holder, and the holder shall nevermore hold that title. If the title of Law Lord or Merit Lord should be renounced by the One holding that title, that title shall cease to exist. The only such exception of any case shall be if a Lord should enter the Judiciary or should enter any elected office not herein provided as a function of a House of Parliament, or should become the Elected Monarch, in which case the title of Peer Lord shall go into abeyance in the same, like, manner, and the title of Law Lord or Merit Lord shall go into abeyance until the holder shall have left the said elected office or the Judiciary or shall no longer be the Monarch.
3.14
The House of Lords shall choose its Speaker and any other officers required for the function of The House of Lords in session and shall have sole power to try all Impeachments, except in the case of trial of the Monarch or a member of The House of Lords, who shall be tried by the entire Court of Session and High Court of Justiciary, sitting together, and all such Ones who are sitting for the purpose of trying an Impeachment shall be on oath or affirmation, and no One shall be convicted in such a case without the concurrence of two thirds of the members present.
Judgement in cases of Impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Constitutional Monarchy of Scotland; but the One convicted shall nevertheless be liable and subject to indictment, trial, judgement, and punishment, according to Law.
3.15
If The House of Lords should meet in session and there is no Speaker of the House of Lords, then the oldest member of The House of Lords shall preside as The House of Lords elects the Speaker of The House of Lords.
No One shall be Speaker of The House of Lords without being a member of The House of Lords and, at the time of election of the said Speaker, for that sole purpose, receiving no less than two thirds of the Votes of The House of Lords.
The member of The House of Lords who is Speaker of The House of Lords may be removed from the same said office if the oldest member of The House of Lords who is not at the same time the Speaker of The House of Lords calls for and gets two thirds of the votes for that sole purpose of The House of Lords. The Speaker of The House Of Lords may not hinder such a procedure.
The Speaker of The House of Lords shall formally embody The entire House of Lords and shall also regulate debate, enforce the rules and procedures, preside over the elections, and protect the privileges, of The House of Lords. The Speaker of The House of Lords may speak in debate and may vote on any issue before the House of Lords.
3.16
Except where prevented by the rules and procedures of The House of Lords, any member of The House of Lords may speak and vote in The House of Lords. At the beginning of the first session of each second year, a special committee shall be formed of five members of The House of Lords. Two of the five shall be the-Speaker of The House of Lords and the oldest member of The House of Lords and the remaining three shall be chosen randomly by a lot performed by the said Speaker in the sight of The House of Lords. In case of a dispute among the committee members, a majority vote shall prevail. The committee shall create a list of names of the Speaker of The House of Lords and of other members of The House of Lords and the number of names shall not be less than one third, and shall not exceed two thirds of the number of members of The House of Commons. The Names of members chosen for this list shall have sole eligibility to vote on issues before, but not of, The House of Lords as a whole. The duration of this list shall be for the full two years following its completion and during such a time the list shall not change.
If the name of a Lord is on the list and the Lord is unable to vote on an issue before the House of Lords as a whole, then for that vote, with the assent of no less than two thirds of the entire House of Lords, another Lord may vote under that name, and the name of the substitute shall be appended to the name on the list. In such a situation, a Lord may only be nominated by another.
On the Powers and Duties and Limitations of Parliament.
3.17
The Parliament of the Constitutional Monarchy of Scotland shall assemble at least once in every year, and a majority of voting members of each House shall constitute a quorum to business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such a manner and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.
Each House shall keep a Journal of its proceedings, exactly as they occur, and from time to time publish the same, excepting such parts as may in their judgement require secrecy, and the Ayes and Mays of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal.
Except where the judgement of each House requires secrecy in the manner outlined above, all proceedings of each House and its committees shall be held in public.
Neither House, during the session of Parliament, shall, without the consent of the other adjourn for more than three days, nor to any other place than in which the two Houses shall be sitting.
3.18
The members of The House of Commons and The House of Lords shall receive a compensation for their services, to be ascertained by Law, and to be paid out of the Treasury of the Constitutional Monarchy of Scotland, but any increase in compensation shall not take effect during the current term of The House of Commons.
They shall, in all cases but criminal, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
3.19
Except for the functions of Speaker of the House, or Prime Minister, or any other such office provided herein, no member of The House of Lords or The House of Commons shall, during the time which that member shall hold office, be appointed to any civil office under the authority of the Constitutional Monarchy of Scotland, which shall have been created, or the emoluments whereof shall have been increased during such a time; and no One holding any such office under the Constitutional Monarchy of Scotland shall be a member of either House during the continuance in office of that One.
3.20
All bills for raising revenue shall originate in The House of Commons, but The House of Lords may propose or concur with amendments, as on other bills.
Every bill which shall have passed The House of Commons and the House of Lords, shall, before it becomes a Law, be presented to the Monarch of Scotland; if the Monarch approves, the Monarch shall sign it. If the Monarch does not approve, the Monarch shall give the bill a Complete Veto; the bill shall be returned, with the objections of the Monarch, to the House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it.
If any bill presented to the Monarch contains several items of appropriation of money, and the Monarch does not approve of one or more such items, while approving other portions of the bill, The Monarch shall append to the bill, at the time of signing it, a Line Veto; a statement of the items to which the Monarch objects, and the reasons therefore, and the appropriations so objected shall not take effect unless passed over the Monarch's Veto
If, after reconsideration of either a Complete Veto or a Line Veto, two thirds of the House in which the bill shall have originated agree to pass the bill, it shall be sent, together with the objections, to the other House, where it shall likewise be considered, and if approved by two thirds of that House, it shall become a Law.
In all such cases of Veto and Reconsideration, the votes of both Houses shall be determined by Ayes and Nays, and the names of the Ones voting, and the Ones actually voting, for and against the bill, shall be entered on the Journal of each House respectively.
If any bill shall not be returned by the Monarch within ten days, Sundays excepted, after it shall have been presented to the Monarch, the same bill shall be a Law, in like manner as if the Monarch shall have signed it, unless the Parliament by their adjournment prevent its return, in which case it shall not be a Law.
The Definitive, Final Form of every order, resolution, or vote to which the concurrence of The House of Commons and The House of Lords shall be necessary, except on a question of adjournment, shall be presented to the Monarch in the same manner as if it were a bill, and shall follow the same procedures.
3.21
The Parliament of the Constitutional Monarchy of Scotland shall have sole power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide for the common Defense and general Welfare of the Constitutional Monarchy of Scotland; but all duties, imposts, and excises shall be uniform throughout the Constitutional Monarchy of Scotland;
To borrow money on the credit of the Constitutional Monarchy of Scotland;
To regulate commerce with Foreign nations and within the territory of the Constitutional Monarchy of Scotland;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the Constitutional Monarchy of Scotland;
To coin Money, regulate the Value thereof, and of Foreign Coin, and fix the standards of Weights and Measures;
To provide for the Punishment of Counterfeiting the Securities and current Coin of the Constitutional Monarchy of Scotland;
To establish Post Offices and Post Roads;
To promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their Writings and Discoveries;
To further promote the Same, and also promote Public Education and Knowledge, by creating a Library, and, a Museum, of the Constitutional Monarchy of Scotland, to hold and preserve Knowledge for Government and for the Inhabitants, to be equally open to, and accessible by, the Government of Scotland, and the Inhabitants of Scotland;
To constitute Tribunals inferior to the Court of Session and High Court of Justiciary;
To create a College of Justice, for the Study and Practice of Law, which shall answer to the Court of Session and High Court of Justiciary and The House of Lords, together, and appropriations to that use shall be at stated times and shall not be diminished without the assent of the College of Justice;
To define and punish Piracies and Felonies committed in areas not under any Political Jurisdiction, and Offenses against the Law of Nations;
To Declare War, grant Letters of Marque and Reprisal, and make rules concerning Captures;
To raise, support, provide, and maintain Military Forces and Militia, to consist of the following; The Royal Scottish Marines, who shall be Ones Responsible for the Performance of Tasks and Procedures of The Royal Scottish Marines, and such Operation of Such Equipment as shall be in the Capacity of One Such; The Royal Scottish Navy, who shall be Ones Responsible for the Performance of Tasks and Procedures of the Royal Scottish Navy, and such Operation of Such Major Equipment as shall be in the capacity of no less than Two Such Ones; the Royal Scottish Militia, to be Reserve Civil Forces which shall exist and function in the respective manner of the Royal Scottish Marines or the Royal Scottish Navy, to exist as Parliament shall see fit; where the Ones of the Royal Scottish Military Forces shall be Citizens from the Territory and Jurisdiction of the Whole of the Constitutional Monarchy of Scotland, but the Ones of the Royal Scottish Militia shall be Citizens Solely of the Areas where such Militia are Based, such Area to be set by Law; And no appropriation of Money for such use shall be for a longer Term than two years;
To make Rules for the Government and Regulation of the Military Forces and Militia;
To provide for calling forth the Militia to Execute the Laws of the Constitutional Monarchy of Scotland, suppress Insurrections and repel Invasions;
The Parliament shall have the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the Constitutional Monarchy of Scotland, or in any Department or Officer thereof, and shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Constitutional Monarchy of Scotland, and nothing in this Constitution shall be so construed as to Prejudice any claims of the Constitutional Monarchy of Scotland.
3.22
No Law shall be passed regarding the establishment of Religion.
No Tax or Duties shall be laid on any Articles exported from the Territory of the Constitutional Monarchy of Scotland.
No Preference shall be given by any Regulation of Commerce of Revenue to any Port of any one Area of Scotland over any Port of another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No One holding any Office of Profit or Trust under the Constitutional Monarchy of Scotland shall, without the Consent of Parliament, accept any present, Emolument, Office, or Title, of any kind whatever, from any Foreign Monarch, Person of Nobility, or State.
No One shall be a Monarch, Member of The House of Commons, member of The House of Lords, or hold any Office, Civil or Military, under the Constitutional Monarchy of Scotland, who, having previously taken an oath or affirmation, as Monarch, as a member of Parliament, or as an officer of the Constitutional Monarchy of Scotland, to support the Constitution of Scotland, shall have engaged in insurrection or rebellion against the Same, or given aid or comfort to the enemies thereof. But, unless that such a One is elected to the Monarchy, the Parliament of Scotland may by a vote of two thirds of each House, remove such disability.
4
On the Elected Monarch of Scotland
4.1
The Executive Power of the Constitutional Monarchy of Scotland shall be vested in an Elected Monarch of the Constitutional Monarchy of Scotland who shall be the embodiment of Scotland, a Subject of the Constitution, holding Office during a Term of Life, whose office shall not be hereditary, who shall be elected by the entire House of Lords in Conclave, when in Conclave, as outlined hereafter.
4.2
No One shall be the Monarch of Scotland without being a Native Born Citizen of the Constitutional Monarchy of Scotland who has reached the age of twenty five years and has been twenty five years a resident of The Constitutional Monarchy of Scotland, nor may One be Monarch and be a member of The House of Lords, of the Judiciary, or hold any other elected office.
4.3
During such a time as there is no Monarch and there is a Complete House of Lords, the Monarchy shall be in a status of Interregnum;
The Lord President of the Court of Session and High Court of Justiciary, hereafter referred in this Article as the Lord President, shall direct and ensure that any formal legal Crown and Ring of the Elected Monarch of Scotland shall immediately be defaced and destroyed;
The Powers and Duties of the Monarch shall be carried out by the Speaker of The Complete House of Lords who may only exercise such Powers and Duties when in consultation with the Lord President, who shall be the Sole executor of such actions; except for selection of candidates for Lord, which shall go into abeyance until there is an Elected Monarch;
Following successful election of a Monarch, decisions made during such a time of Interregnum shall be subject to review by the Monarch, and the results of such review shall not be subject to appeal, except by the Court of Session and High Court of Justiciary, according to Law.
4.4
Until such a time as there is some One more advanced, the line of succession of the Constitutional Monarchy of Scotland shall be as follows; The Monarch of the Constitutional Monarchy of Scotland; The Speaker of The Complete House of Lords in conjunction with the Lord President; The Prime Minister of the Constitutional Monarchy of Scotland in association with the Lord President; The Speaker of The House of Commons.
4.5
If there is no Monarch and there is a Complete House of Lords, the Lord President shall immediately issue a Command of Conclave; that all members of The Complete House of Lords be convened together in Conclave for the sole purpose of electing a Monarch of Scotland. Only by reason of extreme illness and impending death may a Lord not obey such a command, such a condition to be confirmed personally by the Lord President.
4.6
The Conclave shall be assembled ten days following the Command of Conclave. Inhabitants of the Conclave shall be limited to the Lord President; The Lord Justice Clerk of the Court of Session and High Court of Justiciary, hereafter referred to in this Article as the Lord Justice Clerk; the total members of The House of Lords, excepting those Lords permitted by the Lord President to be absent from the Conclave, together to be called The House of Lords in Conclave; such Conclavists, or personal assistants as each lord shall insist, to be no more than two to each Lord, each as the Lord President shall personally and particularly permit; and a minimum of such support personnel as shall be required to guarantee the deliberational security and simple support of the Conclave, to be chosen solely by, who shall answer solely to, the Lord President.
Conclave security immediately outside Conclave shall be administered and maintained by the Chief of Conclave security, who shall be chosen by, who shall answer during the Conclave solely to, the Lord President.
4.7
The total area of the Conclave shall consist of a deliberation chamber sufficient to contain the Lord President, the Lord Justice Clerk, and The House of Lords in Conclave, while they are all sitting down; sleeping areas for the inhabitants of the Conclave, containing such basic arrangements as to permit each inhabitant to sleep individually; an area for the preparation of meals; an area for maintaining the basic personal bodily care of the inhabitants of the Conclave; and the conditions of each such area shall be effectively uniform and subject to the Lord President.
4.8
When all the inhabitants of the Conclave have been assembled in the area of the Conclave, the Conclave shall be sealed, as follows;
The House of Lords in Conclave, the Lord President, and the Lord Justice Clerk shall be seated in the deliberation chamber of the Conclave and the Lord President shall confirm that all members of The House of Lords in Conclave are present. When such has been confirmed, the Lord President, the Speaker of the House of Lords, and the Chief of Conclave security shall tour all areas of the Conclave and formally identify those inhabitants of the Conclave who are the Ones permitted to be in the Conclave. Any One not permitted to be in the Conclave shall then be removed from the area of the Conclave and shall be locked out. During the time of the Conclave, it shall be the responsibility of the Lord President, to the best of the abilities of the Lord President, to ensure that no occurrences of the Conclave can be communicated to the outside of the Conclave without the permission of the Lord President.
Once the area of the Conclave has been sealed, the members of The House of Lords in Conclave, the Lord Justice Clerk and the Conclavists shall not leave the area of the Conclave or come into contact with the others in the Conclave other than the Lord President, except in case of medical emergency and with the express permission of the Lord President, nor may information of any sort pass in or out of Conclave without express permission of the Lord President, nor may any One in Conclave have any access to the Treasury of the Constitutional Monarchy of Scotland, until such a time as a Monarch has been successfully elected.
If any attempt or success is made of violating the rules or procedures of the Conclave, any One directly responsible shall be expelled from the Conclave and shall be subject to Automatic Impeachment.
4.9
The Lord President shall preside over the Conclave and shall be so assisted, as required, by the Lord Justice Clerk and the Speaker of The House of Lords. Neither the Lord President nor the Lord Justice Clerk may vote, speak, or show partiality in electing a Monarch.
The Lord President shall administer an Oath or Affirmation to all in the Conclave that all shall obey the rules and Procedures of the Conclave during the time of the Conclave.
The Lord President shall then convene the Conclave and shall ensure that all occurrences of and in the Conclave shall be according to Law.
4.10
One of three possible ways shall be used by The House of Lords in Conclave to elect a Monarch; by unanimous acclaim; by delegation; by scrutiny.
For unanimous acclaim; such may occur at any time during the convened Conclave. If a member of The House of Lords in Conclave is so moved, that member shall state the One who should be elected Monarch and why that person should be so elected. If others in the Conclave agree, they shall announce that agreement, and if that agreement is unanimous, that same One shall be elected.
4.11
For delegation; If The House of Lords in Conclave shall not have elected a Monarch, a delegation may be chosen upon unanimous assent of The House of Lords in Conclave. The delegation shall be of the Lord President and an odd number of five to fifteen Lords and shall alone elect a Monarch. If the method of delegation is chosen, The House of Lords in Conclave must give the delegation specific instructions on how the vote may occur, whom the delegation may select, within the Laws of the Constitutional Monarchy of Scotland, on whether they shall report their candidate to The House of Lords in Conclave or may elect directly, and on how long the delegation may meet and still be valid. Following the creation and instruction of the delegation, before the delegation meets, The House of Lords in Conclave must agree to accept as Monarch the One the delegation elects according to the instructions given to the delegation. Following meetings of the delegation, if the members of such are unable to elect a Monarch, they may dissolve the delegation of their own accord and then report to The House of Lords in Conclave.
4.12
For scrutiny; in election by scrutiny, a candidate for the Monarchy must receive no less than two thirds plus one of the votes for that sole purpose of The House of Lords in Conclave. If, after a week of unsuccessful, unceasing scrutinies, a unanimous number of The House of Lords in Conclave assent, the required number of votes for a simple scrutiny may be changed to a simple majority plus one.
Once the method of scrutiny has been selected, each Lord shall at that point receive an even number of ballots. Four Lord counters shall be chosen by lot, by the Lord President in the Plain view of The House of Lords, to confirm the counting of the ballots. At the signal of the Lord President, each Lord shall write on a ballot that Lord's choice for Monarch, and fold that ballot twice, with the candidate's name inside. Each Lord must vote for another person, and may not abstain.
When the voting is finished, each Lord shall, one by one, place each ballot before the Lord President. In the plain view of The House of Lords in Conclave, the ballots shall be shaken and mixed among themselves, and the Lord President shall count the unfolded ballots one by one to ensure the number of ballots equals the number of The House of Lords in Conclave. If there are any ballots missing, the ballots shall be destroyed and there shall immediately be another election.
The Speaker of The House of Lords, the Lord President, the Lord Justice Clerk, shall, in that order, one ballot at a time, open the ballot, read the name on the ballot aloud, note the name and its vote, and pass the ballot on to the next One, who shall do the same. The last of the counters shall put the ballots together. If any ballots are blank, the ballots shall be destroyed, and there shall immediately be another election. The total results of each of the counters shall be announced and compared. If the results are the same, the four Lord Counters shall perform the same procedure. If their four results are the same and agree with the first three results, the One who has received the required majority of the votes of The House of Lords in Conclave shall be the Monarch-elect and shall be brought before The House of Lords in Conclave.
If the results of any of the counts are not the same, the ballots shall be destroyed and there shall immediately be another election.
If no One has received the necessary majority in the first scrutiny to be elected Monarch, a second first scrutiny shall be held immediately after. If the results of the second first scrutiny do not produce a Monarch, the ballots shall be destroyed and the Lord President shall communicate to the outside of the Conclave only that an election was held and did not result in an elected Monarch. If The House of Lords in Conclave does not choose to adopt the method of delegation, single scrutinies shall occur, with the same procedure, once every morning and afternoon, until a Monarch has been elected. Following each scrutiny, the Lord President shall communicate to the outside of the Conclave in the same manner as the first scrutiny.
4.13
If The House of Lords in Conclave has not elected a Monarch after three days, the Lord President may choose to restrict the conditions of the members of The House of Lords in Conclave. All such restrictions shall be evenly distributed among the Lords, the Lord President, and the Lord Justice Clerk, and shall be implemented by the Lord President and the Lord Justice Clerk. If, after an additional five days there is no Monarch, the Lord President may again implement restrictions on The House of Lords in Conclave. Further restrictions after the second occurrence may then be implemented following every three days, until a Monarch has been successfully elected.
4.14
When one of the three procedures results in the election of a Monarch, the Monarch-elect shall be called before the House of Lords in Conclave. When the Monarch-elect is before The House of Lords in Conclave, The Lord President or otherwise the Lord Justice Clerk shall, in the presence and plain view of The House of Lords in Conclave, ask the Monarch-elect; "Do you, a Native Born Citizen of Scotland, accept your election as Sole Elected Monarch of Scotland, which has been legally carried out?"
If the answer is no, and the One elected is not the Lord President, the Lord Justice Clerk, or of The House of Lords in Conclave, that One shall be held in Conclave, separate from The House of Lords in Conclave, until a Monarch shall have been successfully elected.
If the answer is yes, the Lord President or otherwise the Lord Justice Clerk shall administer the following Oath or Affirmation before The House of Lords in Conclave: "I do swear (or affirm) that I will be a Subject of the Constitution of the Constitutional Monarchy of Scotland, that I will faithfully execute the office of Monarch of the Constitutional Monarchy of Scotland, and will, to the best of my ability, preserve, protect, uphold, and defend the Constitution of the Constitutional Monarchy of Scotland." If the Oath or Affirmation should be refused by the One elected, the same procedure shall be followed as if that One had refused election.
When the Monarch-elect takes the Oath or Affirmation of office of Monarch of the Constitutional Monarchy of Scotland, the Conclave shall be dissolved and the Monarch-elect shall therefore be the Sole Elected Monarch of Scotland until Death, Formal Abdication and Resignation, or Conviction on Impeachment. The One who administered the Oath or Affirmation shall then ask the new Monarch, "By what name shall you be known?" Following the answer of the answer of the new Monarch, the person who administered the Oath or affirmation shall make it known that there is a new Monarch of Scotland.
4.15
The formal insignia of the Elected Monarch shall be a steel Ring, signifying the Monarch of Scotland, bearing the formal Seal of Scotland, to be used as an official Seal of Scotland when the Monarch signs a bill or as otherwise called for by occasion, and a Crown of dull iron, signifying the Monarch of Scotland, which shall-have as sole decoration a likeness of the formal Seal of Scotland, which shall be worn on State occasions or on any such occasion as is called for.
4.16
The Monarch of the Constitutional Monarchy of Scotland shall, at stated times, receive for the Monarch's services, a Compensation, which shall not be diminished during the Monarch's continuance of office, and the Monarch shall not receive within that period any other emolument from the Constitutional Monarchy of Scotland.
Titles, Rights, Duties, and Privileges of the Elected Monarch shall not extend to any other person other than the Monarch, except for some One who may receive solely an address of Consort Royal. Final decision of such titles shall come form the Court of Session and High Court of Justiciary or such Court to which the Court of Session and High Court of Justiciary grants jurisdiction.
4.17
The Monarch of the Constitutional Monarchy of Scotland may require the opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the duties of their respective Offices; and the Monarch shall have power to grant Reprieves and Pardons for offences against the Constitutional Monarchy of Scotland, except in cases of Impeachment.
The Monarch shall have the power, by and with the consent of The House of Lords, to make treaties, provided two thirds of the House present concur; and the Monarch shall nominate, and by and with the advice and consent of The House of Lords, shall Appoint Ambassadors, other public Ministers and Consuls, Judges of the Court of Session and High Court of Justiciary, and all other officers of the Constitutional Monarchy of Scotland whose appointments are not herein otherwise provided for, and which shall be established by Law; but the Parliament may by Law invest the appointment of such inferior officers, as they think proper, in the Monarch alone, in the Courts of Law, or in the Heads of Departments.
The Monarch shall have the Power to appoint the Prime Minister of the Constitutional Monarchy of Scotland, given that the One selected is a member of The House of Commons and can command a majority of the votes of The House of Commons;
To nominate, and with the advice and consent of two thirds of The House of Commons, create Merit Lords of The House of Lords;
To nominate, and with the advice and consent of nine tenths of The House of Commons, create Peer Lords of The House of Lords.
4.18
At a time following a General Election of The House of Commons, the Monarch shall convene The House of Commons in the first session of each term; and following the recommendation of the Prime Minister, shall dissolve The House of Commons
The Monarch may, on extraordinary occasions, convene both Houses, or either of them; The Monarch shall receive Ambassadors and other Public Ministers; the Monarch shall take care that the Laws be faithfully executed, and shall commission all the Officers of the Constitutional Monarchy of Scotland
4.19
Whenever the Monarch transmits to the Speaker of The House of Lords, The Speaker of The House of Commons, and the Lord President that Monarch's written declaration that the Monarch is unable to discharge the Powers and Duties of Elected Monarch of Scotland, and until the Monarch transmits to them a written declaration to the contrary, the Monarchy shall be in a status of Functioning Interregnum, and, except that there shall be no Command of Conclave, shall operate in the same manner as if the Monarchy were in a state of Interregnum.
Whenever the Speaker of The House of Lords and a majority of either the principal officers of the Executive Departments or of such other body as Parliament may by Law provide, transmit to the Speaker of The House of Commons and the Lord President their written declaration that the Monarch is unable to discharge the Powers and Duties of the office of Monarch of Scotland, the entire members of the Parliament of Scotland shall be convened together to decide on the competence of the Monarch, and the Court of Session and High Court of Justiciary shall preside, but shall not vote. If a majority of both Houses of Parliament decides at this time that the Monarch is unable to discharge the Powers and Duties of the office of Monarch of Scotland, the Lord President shall declare that the Monarchy is in a status of Interregnum and that there is no Monarch. If any attempt is made to subvert or prevent such a procedure, then the Monarchy shall automatically be in a status of Interregnum and there shall be no Monarch.
4.20
The Monarch and all other Civil Officers of the Constitutional Monarchy of Scotland shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and misdemeanors.
Any One shall be Impeached who has been cast out of Conclave, but such Impeachment, but not conviction of, may be removed with the assent of two thirds of each House of Parliament.
5
On the Judiciary of Scotland
5.1
The Judicial Power and Legal Confirmation of all Acts of the Parliament of the Constitutional Monarchy of Scotland shall be vested in one Supreme Court, to be called the Court of Session and High Court of Justiciary, and in such Courts inferior to the same as the Parliament may from time to time establish.
The Court of Session and High Court of Justiciary shall have sole Power of Judicial Review, being thus, as necessary, capable of declaring as unconstitutional and invalid such Acts and Occurrences as may occur within the Jurisdiction of the Constitutional Monarchy of Scotland. At such a time, the Court shall be made of no fewer than seven Judges, and shall state in public the reasons for each such case.
The Judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
No One shall, at the same time, be a member of the Judiciary and be any elected official or a member of The House of Lords.
5.2
The Judicial Power shall extend to all cases, in Law and Equity, Civil or Criminal, arising under this Constitution, the Laws of the Constitutional Monarchy of Scotland, and the treaties made, or which shall be made, under their Authority; to all cases affecting Ambassadors, other Public Ministers and Consuls; to all cases of Admiralty and Civilian Naval Jurisdiction; to Controversies which the Constitutional Monarchy of Scotland shall be a Party; to Controversies between Citizens of Scotland and Foreign States, Citizens, or Subjects.
In all Cases affecting Ambassadors, other Public Ministers, and Consuls, the Court of Session and High Court of Justiciary shall have Original Jurisdiction.
In all other cases before mentioned, the Court of Session and High Court of Justiciary shall have appellate Jurisdiction, both as to Law and Fact, with such exceptions, and under such regulations as Parliament shall make.
The trial, of Solemn Procedure, of all Crimes, except in cases of Impeachment, shall be by Jury, and such trial shall be held in the area where the crime shall have been committed, such area to be decided previously by Act of Parliament; but when not committed within such a set area, the trial shall be held in such Place or Places as the Parliament shall by Law have directed.
In cases of Impeachment of the Monarch or a member of The House of Lords, Jury of Impeachment shall be by the entire Court of Session and High Court of Justiciary, all of whom shall be under Oath or Affirmation while sitting for the purpose of trying an Impeachment, and no One shall be so convicted by the Court of Session and High Court of Justiciary without the concurrence of two thirds of the members.
Judgement in cases of Impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Constitutional Monarchy of Scotland; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to Law.
5.3
Treason against the Constitutional Monarchy of Scotland shall consist only in levying war against it, or adhering to its enemies, giving them Aid and Comfort. No One shall be convicted of Treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court.
The Parliament shall have the Power to declare the punishment of Treason, but no attainder of Treason shall work the Corruption of Blood, or forfeiture except during the life of the One attainted.
6
On amending the Constitution of Scotland
6.1
The Parliament of the Constitutional Monarchy of Scotland, whenever there is an Elected Monarch and when a simple Majority of both Houses deem it necessary, shall propose amendments to this Constitution, or, on the application of a simple majority of the Voting Citizens of the Constitutional Monarchy of Scotland, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by three fourths of the Voting Citizens of Scotland.
7
On Scotland and its Constitution
7.1
All Debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the Constitutional Monarchy of Scotland, as under the General Body of the Scotland involved in the Act of Union of 1707; but the Constitutional Monarchy of Scotland shall not assume or pay any debt or obligation incurred in aid or insurrection or rebellion against the Constitutional Monarchy of Scotland, but all such debts, obligations, and claims shall be held illegal and void.
7.2
At the time of the adoption of this Constitution, the Constitutional Monarchy of Scotland shall be legally considered to have immediately previously existed for twenty five years until such a time as the Constitutional Monarchy of Scotland shall have existed for twenty five actual years.
7.3
This Constitution, and all the Laws of the Constitutional Monarchy of Scotland which shall be made Subject to the said Constitution; and all treaties made, or which shall be made, under the Authority of the Constitutional Monarchy of Scotland shall be Supreme Law of the land, and the Judges of the Constitutional Monarchy of Scotland shall be bound thereby, anything in the Constitution or Laws of any area of the Constitutional Monarchy of Scotland to the contrary notwithstanding.
The Members of The House of Lords and The House of Commons before mentioned, and all Executive and Judicial Officers, of the Constitutional Monarchy of Scotland, shall be bound by Oath or Affirmation, to support and be Subject to this Constitution, but no religious test shall ever be required as a qualification to any office or Public Trust under the Constitutional Monarchy of Scotland.