Part 3……all of this video….

Part 2: Democratic Deficit

 

Part 2:

The Democratic Deficit:

The idea of a democratic deficit has been portrayed as a new term, invented solely for the aims of the Yes! Campaign in the Scottish referendum. In truth, this is a term that has been used for many year; both in relation to Scotland and even in relation to First Past the Post. It was a term thrown around prior to the vote on Scotland getting a devolved Parliament in 1998.

In real terms and in direct relation to this current referendum the term democratic deficit directly relates to the fact that Scotland has an inability to get the Government that it votes for.

Part 1 of ‘Why I Am Voting Yes; And Why You Should Too’

 

PART 1: The leaders of the Campaigns….

 

Anyone that reads my writing will understand that I often fail to be the passionate and anecdotal ‘public speaker’, in the ilk of Tommy Sheridan. However, I feel that as much as there is a place for some of this passion I do like to stand by stories that can be backed up and in this post; in order to emphasise the points that I am making, I will make sure that I do the same.

Many people have had their say on why Scotland should be independent, or not. This is my turn, and it’s the many reasons that I will be voting ‘Yes’, in Septembers referendum. Not only that; it is the many reasons that I believe you should vote ‘Yes’ too.

A review of the First Independence Debate…..

 

Introduction:

As someone that spends a lot of time looking at closed loop questions; I fully appreciate the simple fact that most closed loop questions merit much more than a simplistic ‘Yes’ or ‘No’ answer.

I have considered writing about politicians in the referendum debate for a long time; however at different times I have felt the need to postpone it in relation to the upcoming referendum debate(s) between Darling and Salmond.

On Tuesday night I sat in the pub in Motherwell, Scotland, watching Rangers lacklustre performance against Hibs in the Challenge Cup (Sponsored by someone I have no knowledge of) at Ibrox. At the same time, the very debates that I had been awaiting were taking part live on STV. I deliberately went to the pub to watch the football in an attempt to avoid the ‘heat of the moment’ disputes and debates that would invariably pop up on Facebook and Twitter; discussing the immediate merits of the politician’s points.

I did not wish to watch the programme in that manner, because the tribal nature of the comments and furore were going to be similar to watching an Old Firm game in terms of passion. Passion is a fantastic thing, but it is not a paramount ingredient in balance or requisite. In that spirit I decided to avoid most of the arguments, avoid the newspapers and sit down on my own to reflect the debate on a quiet Thursday morning.

In doing so, I decided to make some notes:

Part 6: A Scottish Constitution

 

 

A New Constitution for Scotland:

 

The 5^th February 2013 will remain a key date on the independence campaign trail. On this day the current Scottish Government published its paper, Scotland’s Future: from the Referendum to Independence and a Written Constitution.

 

The importance of such a paper can be found from the title itself. Within the current United Kingdom framework, Scotland and the rest of the United Kingdom’s domestic states do not have a written constitution[1]. This is an almost unique set-up in a modern developed nation and one of the idiosyncrasies of the United Kingdom constitution. Indeed, there is no one codified constitution in the United Kingdom; with Acts of parliament, statutory instruments and common law all playing a vast role in the constitutional make-up of the state.

Part 5: Domestic and Financial Implications

 

 

Domestic and Financial Implications of Scottish Independence:

 

Scottish independence would certainly have implications in international law. The outcome of such would certainly be both unique and ground-breaking, with the complex constitutional framework of the United Kingdom creating barriers for a clear and conventional split.

 

Barriers such as entitlement to E.U. membership may have consequences regarding a newly independent Scotland’s relationship with foreign neighbours; but what must also be remembered, is that the other nations of the United Kingdom would also become foreign states rather than domestic domiciles.

 

Similarly to the international consequences, there are too many domestic implications of Scottish Independence to fully and accurately discuss within a legal framework. In this piece, the aim will be to discuss some of the more important implications in the public domain. The main domestic implications have focused on finance the national debt, or more importantly, which nation is attributed to what proportion, if any, of the current United Kingdom responsibilities.

 

 

Part 4: International organisations including the EU

 

 

The Effect on Membership of International Organisations including E.U. Membership and Recognition in International Law:

Invoking independence from the United Kingdom framework will inevitably question the position of any newly independent Scotland in relation to International organisations, particularly organisations that the people of Scotland, under the umbrella of the United Kingdom framework, have come accustomed to.

It would be a very lengthy process to detail every single organisation that Scotland pertains membership of through its part in the United Kingdom. In order to find a common level this chapter will seek to discuss some of the main International organisations that offer not just simple membership but protection and support for the constitutional securities upon which any Scottish citizen may rely. The vast majority of this chapter will focus deliberately on the European Union and what legal arguments have arisen over projected membership for an Independent Scotland. As the European Union is the main political minefield in the independence debate regarding International organisations this paper shall seek to discuss the possibilities based on leading legal opinion and existing law.

The Freeman of the Land……..Nothing but Snake oil

I have been thinking about this subject for quite some time. It is an aside to my Independence material that I am cautiously working on slowly but surely; unfortunately time constraints at the present time are considerable.

Anyway, a number of my friends in the recent past have been absorbed by the phenomena of ‘Freeman of the Land’. Many, on the spot, will have a convincing argument and at times I have been caught off-guard in my aims to debunk the theory.

Instead, I have decided to sit down for 10 and actually think the theory through.

Part 3: The Seemingly Absurd On Citizenship!

It’s Friday, it’s almost the weekend and I have decided that there is much else to do than type about Scottish independence until next week. However, before I embark on some of the weekends festivities I decided to post this small part up before it slips my mind. I hadn’t originally considered it as an issue, and I hadn’t really thought about putting it in; but upon reflection (and after sitting in traffic on Balshagray Avenue for an age) I decided otherwise. It is a short but important issue to reflect.

I will call this citizenship, even although I may be using the wrong term. I suppose if I were to be totally correct on terminology we are not citizens of Great Britain, but rather subjects. However, we can probably leave that part at the door.

Part 2: The Constitutional and International Implications of a ‘Yes’ Vote for the United Kingdom,and an Independent Scotland

 

 

Part 2:

Fast forwarding just over the 300 years mark, and we approach the modern day. Scotland, as a Devolved nation within the United Kingdom, is still only recognised internationally as part of the United Kingdom framework. We have our own International sporting teams, but that aside, we are askew in the entangled constitutional workings of one larger, United Parliament.