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Scotland’s Future

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About Scotland’s Future
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  • Home
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The People’s Constitution of Scotland

The People’s Constitution of ScotlandThe People’s Constitution of ScotlandThe People’s Constitution of Scotland

Help Shape Scotland’s Constitution.

The groundwork for independence & the framework for our future.
Written by the People
. 

The Draft Constitution

Click here to see Draft Constitution

The Legal Case

Why writing a constitution is lawful — and necessary


We are now trapped within the rules of a system never designed to let Scotland leave.

Westminster insists that only it has the power to grant or block a referendum. Courts repeat the doctrine of “parliamentary sovereignty,” treating it as inviolable.

But here’s the reality:

That’s their law — not ours.

Scotland has never accepted the English doctrine of absolute parliamentary power. In fact, Scotland’s legal tradition rejects it — and has done so at the highest levels of law.


MacCormick v Lord Advocate (1953)

In one of Scotland’s most important constitutional cases, Lord Cooper, then Lord President of the Court of Session, made it clear:

“The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law.”

This wasn’t an activist speaking. It was the highest civil judge in Scotland — in court — affirming that Westminster sovereignty has no automatic legitimacy in Scottish law.


Sovereignty Belongs to the People

Scottish legal and political tradition is grounded in popular sovereignty — the idea that ultimate authority lies with the people, not with monarchs, parliaments, or unelected institutions. This is not abstract — it has been confirmed again and again.


In 1989, the Claim of Right was signed by a majority of Scotland’s MPs and civil society organisations.

In 2012, the Scottish Parliament reaffirmed that principle.

It states clearly:

“The people of Scotland are sovereign.”

This means power flows from the people — through the institutions they choose — not down from Westminster.


What Holyrood Can’t Do

Technically, the Scottish Parliament could pass a Declaration of Sovereignty tomorrow — affirming that it exists by will of the people, not by delegation from Westminster.

But it won’t.

Most political leaders see it as too risky. Too uncertain. Too controversial. They fear legal retaliation, media pressure, and constitutional backlash.

So if Holyrood won’t move — the people must.


The Role of a Constitution

A constitution isn’t something you wait for others to give you.

It is declared by a people who recognise their sovereignty.

It lays out the powers and principles of a state, not after independence — but as part of the process of achieving it.


Writing a constitution outside the UK system is not unlawful. Westminster has no legal authority over the sovereign will of the Scottish people acting collectively. It is an act of democratic self-determination, consistent with:

  • Scottish constitutional tradition
  • International law
  • The United Nations Charter
  • The legal foundations of sovereignty

Historical Precedents

We’ve done this before:

  • 1320 – Declaration of Arbroath:
    Asserted the right of the Scottish people to remove kings who failed to serve the nation.
  • 1949 – The Scottish Covenant:
    Signed by over 2 million people, it demanded a Scottish Parliament. It had no legal status — but it worked.

Scots don’t wait for permission. We act like a sovereign people, and the law follows.


The Next Steps

A written constitution is now being drafted — not by political institutions, but by citizens. It will:

  • Establish a constitutional foundation for an independent Scottish state
  • Be open to input from civic groups, legal experts, and the public
  • Lay the basis for international recognition and lawful transition
  • Define democratic structures, rights, safeguards, and responsibilities

It will also prepare for a new national civic institution — a Preliminary National Assembly, or People’s Parliament — independent of the UK system but accountable to the Scottish people.


Building With and For the People

Groups such as the SNP, Alba, Salvo, Liberation Scotland, Believe in Scotland, Business for Scotland, the Independence Convention, All Under One Banner — and hundreds of Yes groups — must now come together.

This is not about who leads. It’s about collective legitimacy.

It’s time to stop waiting and start acting like a nation.

We will not seek permission.

We will seek recognition — because when the people act as a nation, they become one.


It Starts Now

The constitution is in progress. A framework for self-governance, legitimacy, and independence is being built. Every voice matters. Every signature will count.


And when the time comes, it will be put to the people — not to ask if we are sovereign, but to show that we already are.

-Yes to Constitution

-Yes to Sovereignty

-Yes to Independence

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