My own written up Scottish Bill of Rights

in constitution •  5 years ago  (edited)

After making my rant earlier on the latest unofficial written constitution for Scotland (see here: https://steemit.com/constitution/@jonathanr1994/why-i-probably-would-not-sign-the-latest-declaration-of-independence-10-10-2019), here is the version that I propose:

Scottish Bill of Rights

Amendment 1 – Parliament and Local Authorities shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peacefully assemble, and to petition the government for a redress of grievances.

Amendment 2 - A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment 3 - No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment 4 - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5 - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against themselves, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6 - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the county wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in their favour, and to have the assistance of counsel for their defence.

Amendment 7 - In suits at the newly formed sets of common law, where the value in controversy shall exceed twenty sterling pounds, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Scottish Republic, than according to the rules of the newly formed common law.

Amendment 8 - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9 - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10 - The powers not delegated to the Scottish Republic by the Constitution, nor prohibited by it to the counties, are reserved to the counties respectively, or to the people.

Amendment 11 - It is the sovereign right of the Scottish people to determine the form of government best suited to their needs, now and in the future. In all political deliberations, decisions and actions their interests should be paramount.

Amendment 12 - The Scottish Republic should uphold internationally acknowledged values of non-aggression and self-defence, and should refuse to maintain, stock or use, for itself or on behalf of any other power or government, chemical, biological or nuclear weapons or any other weapons of mass destruction.

Amendment 13 - All persons born or naturalized in the Scottish Republic, and subject to the jurisdiction thereof, are citizens of the Scottish Republic and of the county wherein they reside. Parliament shall not make or enforce any law which shall abridge the privileges or immunities of citizens of the Scottish Republic; nor shall any local authority deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Amendment 14 - The Scottish Republic should take its place as an independent country on the world stage, free to make the choice to join international organisations and alliances for purposes of trade and commerce, and for the protection and care of the planet’s natural environment, without which the human race cannot survive.

I know I may get very blunt feedback from those that do not like what the Founding Fathers of the United States wrote but at least this gets presented as an opportunity for many Scots to learn the real values of freedom itself.

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