Book contents
- Frontmatter
- Contents
- Acknowledgements
- 1 Introduction
- 2 The Global Development of the Westminster Model
- 3 The Scottish Context
- 4 The Emergent Scottish Constitutional Tradition
- 5 2002 Draft I: Parliament and the Legislative Power
- 6 2002 Draft II: Head of State and the Executive Branch
- 7 2002 Draft III: Judiciary, Rights and Substantive Provisions
- 8 The SNP's Constitutional Policy 2002–14: From Liberal Procedural Constitutionalism to Democratic Populism?
- Appendix A
- Appendix B
- Appendix C
- Bibliography
- Index
5 - 2002 Draft I: Parliament and the Legislative Power
Published online by Cambridge University Press: 12 September 2017
- Frontmatter
- Contents
- Acknowledgements
- 1 Introduction
- 2 The Global Development of the Westminster Model
- 3 The Scottish Context
- 4 The Emergent Scottish Constitutional Tradition
- 5 2002 Draft I: Parliament and the Legislative Power
- 6 2002 Draft II: Head of State and the Executive Branch
- 7 2002 Draft III: Judiciary, Rights and Substantive Provisions
- 8 The SNP's Constitutional Policy 2002–14: From Liberal Procedural Constitutionalism to Democratic Populism?
- Appendix A
- Appendix B
- Appendix C
- Bibliography
- Index
Summary
This chapter and the two that follow it are devoted to the detailed analysis and evaluation of the 2002 draft Constitution. Although it has now been superseded and no longer represents the party's current policy, this text still has historical relevance, as a monument to the ‘high point’ in the SNP's constitution- making prior to the independence referendum.
It also has practical relevance, as by the detailed analysis of this text, including an examination of its flaws and weaknesses, the scholarly and public debate on a future Constitution for Scotland can be advanced; and, if ever there should be a second independence referendum and a future occasion to draft a Constitution for a Scottish state, a thorough combing of past attempts may glean some useful lessons.
This chapter addresses the legislative branch, including the composition of parliament and the electoral system, fixed term elections, the minority veto referendum procedure and parliamentary organisation.
Parliament and the Electoral System
The SNP's 2002 draft Constitution makes the following provisions with regard to the electoral system:
elections to Parliament shall be conducted by a system of proportional representation so as to secure a fair reflection of the composition of Scottish society, both in general and with particular regard to party preference and to geographical diversity.
The proposal to adopt proportional representation is an important variation on the Westminster model, which is integral to a move towards a ‘Westminster transformed’ system. Adopting proportional representation has far-reaching implications for the whole political system, increasing the likelihood of coalition or minority governments and in turn leading to a more balanced relationship between the legislature and executive and promoting a more collegial decision-making style within cabinet.
As Neil MacCormick wrote when the SNP's draft Constitution was first developed in the 1970s, proportional representation was regarded as a radical break from the Westminster tradition. In a British context, it still is. In Scotland, however, as discussed in Chapter 4, proportional representation is an established fact, already integrated into the devolution settlement.
The significance of this provision in the draft Constitution, then, is not that it proposes the introduction of any novelty, but that it would entrench an existing achievement and prevent a majority government from taking any unilateral decision to revert to a majoritarian system.
- Type
- Chapter
- Information
- Constituting ScotlandThe Scottish National Movement and the Westminster Model, pp. 116 - 138Publisher: Edinburgh University PressPrint publication year: 2016