EVERYONE ought to applaud today’s announcement by the Scottish Government. For those like me, who have been advocating a Scots constitution for many years, this development is especially welcome.
What's the problem with how things are right now?
Before we look at the details, it is helpful to examine the BBC – Britain’s Banjaxed Constitution – that presently rules all of our lives. Here’s just a few examples of how the present BBC affects you.
Upset by Westminster overruling the Scottish Parliament? Blame the BBC.
Concerned by the growing attacks on the freedom of Holyrood? Blame the BBC.
Furious about the Supreme Court judgement about an independence referendum? Blame the BBC.
So, what is this BBC? This Banjaxed constitution that controls your life? It’s a mishmash of half-forgotten rulings, a number of weird conventions; and a bunch of archaic pronouncements by scholars throughout the ages.
Worse, these musings are not collected in one place, in one document. Instead, they are "uncodified" and spread across a range of papers.
Is this normal?
Britain is almost alone in relying on this approach. Amongst all the civilised countries of the world only Israel and New Zealand work this way. And even then, they have built in safeguards.
The UK is very much an outlier. And much worse. It is one of the few countries that permits clerics to make laws. In this respect Britain is like only Belize and Iran.
What does it mean for Westminster?
If all this were not bad enough, know this. In the UK you are not sovereign. You are a subject. Sovereignty rests with something known as the "Crown in Parliament". What that really means is that Westminster is sovereign. In short, it marks its own papers.
So, it no surprise to learn that if you control the Westminster Parliament, you can pretty much do as you wish. These failings have been obvious for centuries and little has been done to address them. For instance, the Labour Party first promised to abolish the House of Lords over 100 years ago. Not only are they no closer to this goal, but they are also happy to continue the practice of placing complete numpties there.
Much has been said about the depravations of Boris Johnson. But he simply exploited a system that was wide open to abuse. He swept aside the "conventions" and used his big fat majority to abolish the safeguards and reward friends.
To sum up, the ramshackle British constitution is whatever the government of the day, with a working majority, says it is.
A different path for Scotland
In sharp contrast the Scottish Government proposes a Scots constitution that invests sovereignty in the Scottish people. That simple sentence changes everything. It means that politicians report to the people. Not merely at election times, but always.
Done well, it will establish robust institutions for a Scottish state, and also importantly be about values and principles.
The Scots constitution would spell out what Scotland stands for, and what it will not stand for.
The process for reaching this end is clearly laid out in the Scottish Government proposal, including a process of consultation and a constitutional convention. It is recommended reading for all who yearn for ethical and moral governance.
