Scottish Popular Sovereignty

and Modern Direct Democracy (DD)

It is the right of every citizen to take part directly in the conduct of public affairs

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Political Rights

The basis of internationally recognised direct Political Rights is the International Covenant on Civil and Political Rights (Art 25) (ICCPR), recognised by the UK, including Scotland, in 1976: “Every citizen shall have the right and the opportunity……to take part in the conduct of public affairs, directly or through freely chosen representatives.”

Although Holyrood could incorporate Art 25 in legislation on devolved matters tomorrow, it has nevertheless chosen to exclude ICCPR from the scope of SNAP 2 (Scotland’s National Human Rights Action Plan (2023-2030).  And you might well be tempted to say: “So what ?”

Well, apart from the right to stand for election, right now the Scottish People have no direct Political Rights on national matters such as, particularly, the right to Referendums (to accept or refuse proposed legislation) or Initiatives (to either write a new Constitution or launch proposed constitutional changes).  And, already today, that has major implications for the Scottish People who, after all, are sovereign.

The following pages describe the use of each Direct Democracy (DD) tool and list some case-studies which may help understand why ScotGov has chosen to exclude Art 25 from SNAP 2.  Together with each description, I’ve included suggested articles for a future Scottish constitution.  I hope these drafts will help readers understand how important individual direct Political Rights, properly organised, are to Scotland’s future.

To download the full document:
Political Rights – A Draft Scottish Constitution‘ available Here.

Or read in our online Flipbook below.

Political Rights – A Draft Scottish Constitution