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Constituting ScotlandThe Scottish National Movement and the Westminster Model$
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W. Elliot Bulmer

Print publication date: 2016

Print ISBN-13: 9780748697595

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9780748697595.001.0001

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2002 Draft III: Judiciary, Rights and Substantive Provisions

2002 Draft III: Judiciary, Rights and Substantive Provisions

(p.162) Chapter 7 2002 Draft III: Judiciary, Rights and Substantive Provisions
Constituting Scotland

W. Elliot Bulmer

Edinburgh University Press

This chapter, the third of three chapters examining the SNP’s 2002 constitutional text, addresses the judiciary, rights, and substantive provisions of the constitution. As well as examining provisions relating to the appointment and tenure of judges and the processes of judicial review, this chapter includes the draft constitution’s treatment of: nationalism and national identity, statehood, citizenship, religion-state relations, socio-economic rights, ‘fourth branch’ institutions, standards in public life, and local government. It argues that the draft constitution, as a supreme and rigid constitution enforced by judicial review, might be radical and contentious in a UK context, but would be a tried and tested model in the rest of the world, including in most other Westminster-derived polities. It also argues that the text envisages a ‘liberal-procedural’ constitution, in which the constitution acts as a relatively non-prescriptive framework for the conduct of democratic politics, allowing many unsettled issues of identity to be resolved at the sub-constitutional level.

Keywords:   Judiciary, Judicial Review, Human Rights, Socio-Economic Rights, Integrity Branch, Local Government, Liberal-Procedural

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