Legal argument on a new constitution
Following upon a Yes vote, Scotland will have an enviable opportunity to draft a constitution which articulates the shared aspirations and values of the people who live in Scotland and protects fundamental rights, the separation of powers and the rule of law.
Scotland has its own legal system and its own courts and is thus well-placed to adapt to independence.
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Hide AdFurthermore, it is our belief that an independent Scotland would preserve the right of access to justice of all people who live in this country.
As lawyers in the real world, we believe that an independent Scotland would remain in the European Union so long as it wished to; it could not and would not be expelled against its will. By contrast, in the event of a No vote, it is a very real possibility that anti-European feeling in other parts of the United Kingdom may force us out of the EU against our will.
Both the UK and the Scottish governments have affirmed that Scotland can exercise its right to self-determination and we see no fundamental legal obstacles to Scotland forming a democratic independent state internationally accepted as such.
Such a state would have the same power over its land and seas, and to decide its laws and policies in the interests of its people as determined by its people, as other states in the EU. It would, we believe, be in the interests of the people of Scotland to choose such a future.
While we have a range of different views on policy matters, we are united in believing that it is in the interests of Scotland and its people that a Yes vote be achieved on 18 September and that there is then speedy and amicable progress towards independence.
Zenon Bankowski
Professor Emeritus of Legal Theory
University of Edinburgh
Christine Bell
Professor of Constitutional Law
University of Edinburgh
Ian Hamilton QC
Graeme Laurie
Professor of Medical Jurisprudence
University of Edinburgh
Aileen McHarg
Professor of Public Law, University of Strathclyde
James McManus
Rtd Professor of Criminal Justice, Glasgow Caledonian University
Donald Nicolson OBE
Professor of Law, University of Strathclyde
Aamer Anwar
Solicitor, Glasgow
Malcolm Combe
Lecturer in law, University of Aberdeen
William Henderson
Lecturer in law, Glasgow Caledonian University
Paul Maharg
Professor of Law
Australian National University
Dr Nick McKerrell
Lecturer in Law, Glasgow Caledonian University
And 99 other members of the legal profession
To what extent should we give credence to the views of writers such as Lesley Riddoch, Pat Kane and Joyce McMillan that the independence campaign is achieving notable success in arousing vital interest in the previously politically unmotivated at grassroots level?
While this popular interest may be welcome it does not necessarily endorse the campaign as such. A more realistic sign of what the style of government to which the Yes campaign will lead is given by John McTernan who has written of the SNP’s “bogus constitution” and examined its actual track record.
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Hide AdThe latter is demonstrated by legislation such as the Children and Young People Bill which seeks to establish for every child and associated adult in Scotland a universal surveillance system.
This massive over-reaching of state power into family affairs is not only an intrusion into responsible parenting but actually distracts from targeting of children in need of protection from irresponsible parenthood. It is a sign of the kind of brashly radical assertive in-your-face government that a newly independent parliament would see as its raison d’etre.
Such legislation cries out for correction by the deliberations of a second chamber but, of course, the SNP’s proposed constitution allows only for one chamber.
The point of a second chamber is for delegates free to be politically impartial to temper the indiscretions of the legislature. There being no provision for such restraint is in my view sufficient reason for rejecting the rhetoric of those in favour of a Yes vote.
Alan D Jackson,
Ashwood Mews
Bridge of Don, Aberdeen