Issues of Scotland's Constitution - Case Study Example

Constitutional Law The Constitution of Scotland Article General Provisions Section This Constitution applies to all parts of Scotland. Section 2. The form of government shall be that of a constitutional monarchy. The royal power is to be inherited by men and women in accordance with their succession to the throne. Section 3. The powers of legislation are jointly placed in the Parliament and with the current monarch. Section 4. The powers to execute and uphold the law are to be placed in the Facilitation. Section 5. The Judicial branch shall exist independently from the main government. Article 2 Responsibilities of Government Section 1. The Scotland Constitution and government based on it shall protect the rights of the people, and safeguard the independence and security of the country. Section 2. The government shall promote common welfare, sustainable development, and cultural diversity of the country. Section 3. The government shall insure equal opportunities for all citizens to the extent possible. Section 4. The government shall strive for the long-term preservation of all its resources and promote a just and peaceful national order. Article 3 Purpose Section 1. The law shall be the basis and limitation for all activities of state. Section 2. Government activity must be in the public interest. Section 3. Every person is responsible for his or her actions. Article 4 Rights Section 1. Every person is equal before the law. Section 2. No person may be discriminated against, regardless, their race, age, sex, language, religion, or creed. Section 3. All people have the right to life, personal liberty, and the pursuit of happiness. Section 4. Torture and all other forms of cruel, inhumane treatment are prohibited. Article 5. Amendments Section 1. All people have the right to freely choose their beliefs. Section 2. All people have the right to join a religious community, but they shall not be forced to. Article 6 Section 1. The freedom of speech, press, and all other forms of public communication are guaranteed. Section 2. Censorship is prohibited The Executive branch is known as the Facilitation. The Prime Minister is the Head of State and is responsible for overseeing the governments operations. There are two different departments within the Executive Branch, the Cabinet and the Head Committee. The Cabinet is the central decision-making body of Scotlands government. Its role is to make decisions in areas including major policy issues, proposals for new legislation, creation of a budget, and ratification of international treaties. Meetings of the Cabinet are chaired by the Prime Minister or the next higher official in the cabinet, if the Prime Minister is absent. There are eleven Cabinet posts, each held by a Minister, which have been created by the government and are not constitutionally mandated. They include, but are not limited to the Minster of Finance, Taxation, National Defense, Welfare, Medical Care, Industry, Agriculture, Environment, State, Education, and Silly Walks. The Head Committee is that part of the executive branch of government that carries out formal acts. It is made up of an Executive Council, which meets regularly to make any Orders in Council that are required to give effect to the Governments decisions. Its members are appointed by the Prime Minister and serve at his/her pleasure. The Prime Minister is responsible for conducting all affairs of state including acting as Chief of the National Militia. Members of the Militia are conscripted in accordance with the Mandatory Militia Service Act, which requires that every person over the age of 18 years serve two years in either of the Military Branches or in some branch of public service. There is no prohibition on women serving their public duty in the active militia. The Scotland National Guard consists of member of the militia who have voluntarily enlisted and who, upon original enlistment, are organized, armed, equipped, and federally recognized according to the laws of Scotland; and commissioned officers and warrant officers who are citizens of Scotland, having the qualifications prescribed by federal law and regulations, and who are appointed and commissioned or warranted by the Head Committee. Former members of the regular Army, Navy or Marine Corps under 64 years of age may enlist in the Scotland Militia. The Scotland Naval Militia consists of units authorized by the Head Committee, organized, equipped, trained, and administered as prescribed by state and federal law and regulation, and manned by personnel who are members of Scotland Naval Reserve or the Scotland Marine Corps Reserve and enlisted, appointed, commissioned, or warranted under the laws and regulations of Scotland. The Scotland State Defense Force consists of units authorized by the Head Committee, and manned by volunteer personnel qualifying under state law and regulation. All Scotland State Defense Force personnel are subject to serve on state active duty at the call and by order of the Committee. The Legislative branch consists of a Parliament, which is unicameral, that is, has only one house - the House of Representatives. Because the population of each state varies dramatically, and each state has different demographic and economic interests, the Constitution of Scotland allows for each state to have the same number of Representatives, that is, 6 per state. Its members are elected every three years, through public elections. The Parliament is Scotlands supreme law-making body. Its members study proposals for new laws, debate their consequences, and decide whether or not the proposals should become laws. Proposed laws are introduced into the Parliament as bills. When they are passed, and are approved by the Prime Minister, they become Acts. Acts can cover almost any subject, such as which crimes are punishable by prison, how much money the government is allowed to spend, and where people are allowed to go fishing. Acts may be of general importance or limited to particular bodies, groups or individuals. Parliament can delegate its law-making power to lesser ministers, government departments, local authorities and other bodies. These subordinate bodies can then also make laws, but only within the limits decided by Parliament. Parliament also delegates many powers to Ministers. These powers cover things such as motor vehicle safety regulations, setting salaries for civil servants, and appointing ambassadors to foreign countries. Only the most important issues (such as the Budget) are reserved for Parliament. Parliament is not the only source of law. Parliament makes statute laws, which are called Acts of Parliament. The courts (judicial branch) decide how existing laws are to be interpreted and applied. The decisions of the courts create what is called common law. Common law is based on precedents - decisions which are used as a guide, or as an authoritative rule, in later, similar cases. Judges extend the law by applying the fundamental principles of the law to specific disputes between parties. If similar disputes occur in the future, the previous case is used as a guide. This helps to ensure that the law always treats everyone equally, without favoritism. If Parliament disagrees with how the courts interpret its laws, it can pass new laws, which clarify what it wants. While Parliament creates many new laws every year, much of its work is to change existing laws. These can be cancelled by a new Act, or changed by amending Acts. These developments will often be in response to changing economic or social conditions, or to cases where the law has proved to be unworkable or difficult. Members of the public can lobby parties at any time to create or change laws. They also have the opportunity for direct input into certain committees, which are an important part of the law-making process. The Judicial branch consists of Scotlands legal system (the courts). The independence of the Judiciary is an important principle in Scotland, to be sure that judges are free from political interference. This is shown in the "code of conduct" for the House of Representatives, which prevents a member of Parliament from criticizing a judge. A judgment may be criticized, but personal attacks, or attempts to influence a judge are not allowed. Although Parliament makes laws, it is the job of the Judiciary to interpret and apply those laws in cases which come before the courts. The courts exist to provide an independent place for solving disputes, and dealing with criminal cases. The courts in Scotland are divided into two categories: the High Court and the District Courts. The High Court hears and decides the most serious criminal charges, as well as large or important civil cases. The District Court decides criminal cases, family disputes, and charges against minors. Each state has an independent State Court system which is created in a manner consistent with the demands of that states citizens. The Federal Courts are charged with original jurisdiction over all Federal and International matters, while the state court jurisdiction is limited to matters affecting local and or state conflicts. The Judicial Branch also has a system of Appellate Courts supervised by the Scotland Supreme Court. The Appellate Courts resolve all conflicts arising from the lower federal courts and any issues involving conflict between State and Federal Law. Scotlands Federal judges are appointed by the Prima Minister and approved by a majority of the House of Representatives. They sit for a life term. State Court judges are selected in a manner consistent with each states determination. Scotlands economic system has both Socialist and Capitalist characteristics. The state of Scotland owns the fundamental means of production and distribution of wealth, to be achieved by reconstruction of the existing capitalist or other political system of a country through peaceful, democratic, and parliamentary means. The socialist doctrine specifically advocates nationalization of natural resources, basic industries and trade, viewing monopolies as an opposition to the public welfare. It also advocates state ownership of corporations in which the ownership function has passed from stockholders to managerial personnel. Smaller and less vital enterprises would be left under private ownership, and privately held cooperatives would be encouraged. The instruments of exchange of goods and services are left largely to private individuals, subject to regulation by operation of law. The Capitalist characteristics of the economic system are, private individuals and business firms carry on the production and exchange of goods and services through a complex network of prices and markets. The Head Committee shall not interfere in the economies exchange of goods and services, whereas the Committee is largely responsible for establishing the markets in major industrial and agricultural enterprise. The currency of Scotland is controlled by the national government, and no state may create its own system of currency. The National government my tax the citizens of Scotland in order to raise sufficient capital to support the operations of the government, including the Militia. Taxes shall be imposed at a flat rate per capita with no exemptions. Bibliography Alexander, D. J. (1989). Issues in Scottish post-compulsory education: social policy and curriculum, Scottish Journal οf Adult Education 9, No 1 Alexander, D. J., Leach, T. J. I. and Steward, T. G. (1984a). 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