HUMZA Yousaf has launched a new paper detailing how the constitution of an independent Scotland would be drawn up.
He unveiled the blueprint at an event in Glasgow on Monday morning.
Here are the key points from the document.
The constitution
The paper sets out the arguments for having a written constitution over the unwritten constitution of the United Kingdom.
It argues that because in the UK system, the Parliament has supremacy and any law – including fundamental rights or major institutions like the Scottish Parliament – could be scrapped by a simple majority of MPs.
To prevent this from happening, the paper argues it is necessary to have a constitution which would enshrine certain rights and make them much harder – though not impossible – to overturn.
The route
There are three key steps outlined in the paper – the interim constitution, which would be followed by a permanent version which would be brought into force by a referendum.
The interim constitution would take effect from day one of independence, the paper says, and would be “based on the sovereignty of the people and reflect Scotland's values as a modern, democratic, European nation”.
Interim constitution
The paper sets out in broad terms what the interim constitution would look like. It says the document would enshrine in law the sovereignty of the people of Scotland, and set out the means by which they would be able to hold the parliament and government to account.
The Scottish Government additionally proposes constitutional recognition for the National Health Service and the right to healthcare free at the point of need.
It said it would also make the interim constitution include commitments to hold a constitutional convention to define the permanent constitution and one to put Scotland on the path to nuclear disarmament.
It would broadly be based on the rights set out in the European Convention on Human Rights, the Scottish Government said, including rights of children, women, minority ethnic communities, disabled people and refugees, the right to a healthy environment, and the right to strike.
Permanent constitution
After independence, the Scottish Government proposes setting up a Constitutional Convention which would be “recruited from across Scotland, ensuring that a wide range of people, communities and organisations, including experts and representatives of different groups across society” are involved.
This group would consider what other rights might be included in the permanent constitution of Scotland – which the Government envisages as an “inclusive and an expansive process”.
Once the document is drafted, the paper adds, it would be presented to the Scottish Parliament for consideration by MSPs who would then put it to the people by means of a referendum.
If accepted this would become the permanent constitution, but the Scottish Government said it would make the case that it should be a “living document, capable of evolving over time in order to stay relevant”. This means bits could be added or subtracted.
The paper said there would be protections in place to make sure the constitution could not be altered by a simple parliamentary majority.
