Kingdom of Scotland | |
|---|---|
 Flag  Coat of arms | |
| Anthem: "Scots Wha Hae" | |
 Location of the KingWither/sandbox (dark green) in Europe (dark grey) | |
| Capital | Edinburgh 55°57′11″N 3°11′20″W / 55.95306°N 3.18889°W |
| Largest city | Glasgow 55°51′40″N 4°15′00″W / 55.86111°N 4.25000°W |
| Official languages[1] | |
| Ethnic groups | |
| Religion (2011[2]) |
|
| Demonym(s) |
|
| Government | Unitary parliamentary constitutional monarchy |
• Monarch | Charles III |
| Humza Yousaf | |
| Legislature | Parliament |
| Senate | |
| National Assembly | |
| Formation | |
| 9th century (traditionally 843) | |
| 17 March 1328 | |
| 3 October 1357[3] | |
| 1 May 1707 | |
| 19 November 1998 | |
| 5 July 2028 | |
| 6 May 2029 | |
| Area | |
• Total[a] | 80,231 km2 (30,977 sq mi)[4] |
• Land[b] | 77,901 km2 (30,078 sq mi)[4] |
| Population | |
• 2022 census |  5,436,600 |
• Density | 70/km2 (181.3/sq mi)[5] |
| GDP (nominal) | 2023 estimate |
• Total | £211.7 billion |
• Per capita | £38,622[6][d] |
| Gini (2019-22) |  31[7]medium |
| HDI (2021) |  0.921[8]very high |
| Time zone | UTC+0 |
| ISO 3166 code | GB-SCT |
| Internet TLD | .scot[c] |
| |
Scotland, officially the Kingdom of Scotland (Scottish Gaelic: Rìoghachd na h-Alba; Scots: Kinrick o Scotland) is a country in northwest Europe. It consists of the northern third of the island of Great Britain and more than 790 adjacent islands,[15] principally in the archipelagos of the Hebrides and the Northern Isles. To the south-east Scotland has its only land border, which is 96 miles (154 kilometres) long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The population in 2022 was 5,436,600, and in 2019 Scotland accounted for 8% of the population of the UK.[16] Edinburgh is the capital and Glasgow is the largest of the cities of Scotland.
The original Scottish State, also the Kingdom of Scotland, was traditionally founded in the 9th century. In 1603, King James VI inherited England and Ireland, forming a personal union of the three kingdoms. On 1 May 1707 Scotland and England combined to create the new Kingdom of Great Britain,[17][18] with the Parliament of Scotland subsumed into the Parliament of Great Britain. Scotland ceased to be an independent state, although retaining its national identity. Great Britain, and later the United Kingdom, was predominantly English, and minor independence movements existed throughout their existence, including the Jacobite rising of 1745. However, it wasn't until the later part of the 20th century, when a sustained civic nationalist movement existed, in the form of the Scottish National Party (SNP). A referendum was held in 2014 where independence was rejected with 55.3% voting to maintain the Union. Following the continued success of the SNP, and growing support for independence following the United Kingdom's 2016 departure from the European Union, a second referendum was held in 2028, where 67.4% of voters supported independence. After a brief period of effective self-autonomy, the Constitution of Scotland was ratified in a referendum in 2029, establishing the modern Scottish State.
The mainland of Scotland is broadly divided into three regions: the Highlands, a mountainous region in the north and north-west; the Lowlands, a flatter plain across the centre of the country; and the Southern Uplands, a hilly region along the southern border. The Highlands are the most mountainous region of the UK and contain its highest peak, Ben Nevis (1,345 metres (4,413 ft)) The region also contains many lakes, called lochs; the term is also applied to the many saltwater inlets along the country's deeply indented western coastline. The geography of the many islands is varied. Some, such as Mull and Skye, are noted for their mountainous terrain, while the likes of Tiree and Coll are much flatter.
Scottish culture has had a profound global impact, with significant contributions to music, cinema, literature, art and popular culture.
Government and politics
.jpg)
.jpg)
Scotland is a parliamentary democracy within the framework of a constitutional monarchy. The Constitution of Scotland, ratified in 2029, outlines the government of the Kingdom. It's sovereign, currently Charles III[19], bears the traditional title "King of Scots", or "Queen of Scots" if female. The monarchy uses a variety of styles, titles and other symbols specific to Scotland, most of which originated in the pre-Union Kingdom of Scotland. These include the Royal Standard of Scotland, the royal coat of arms, and the title Duke of Rothesay, which is traditionally given to the heir apparent. Scotland shares a monarch with England, but the monarchies themselves are independent and no legal ties exist between the two countries. Unlike most Commonwealth realms, Scotland does not have a governor-general.
The Prime Minister of Scotland serves as the head of government and is appointed by the king. The system lends itself to the Westminster system found in other Commonwealth countries. The Prime Minister is generally the leader of the largest party or coalition in the National Assembly. The Prime Minister appoints the government, which is lead by the Scottish Executive, composed of the Prime Minister and all cabinet-level ministers. The Prime Minister and the government are bound by Cabinet collective responsibility to the National Assembly. A government is permitted to stay in office until it looses the confidence of the National Assembly.
The Parliament of Scotland is made up of the National Assembly, the Senate, and the Crown (as personified by the monarch). The agreement of both the National Assembly and the Senate is required to pass a bill, and royal assent is required for a bill to be enacted. The National Assembly has 200 members (MPs) elected to represent multi-seat constituencies under a system of party-list proportional representation using open lists. Seats are allocated to parties by the D'hondt method, and a party's best performing candidates are elected. The Senate is composed of sixty members, elected by Instant-runoff voting. Parliamentary elections are usually held every four years on the final saturday in May, although early elections can be held.
Scotland is a centralised, unitary state, although the island communities have some autonomy.
Local government
Article VI of the Constitution outlines local government. The four major metropolitan areas, Glasgow, Edinburgh, Aberdeen, and Dundee, are governed by a City Council, made of directly elected Councilors. The rest of Mainland Scotland is divided into District Council Areas, each with a District Council. Three Island Communities, the Outer Hebrides (also known as the Western Isles), Orkney, and Shetland, have specialised Autonomous District Councils.
The smallest unit of local government is the Burgh. Burghs are autonomous municipal corperations, representing a city, town, or toun in Scots. Each Burgh is governed by a 10-member Burgh Council, composed of:
- A directly elected Provost (Mayor),
- Three elected councilors,
- Five councilors chosen by Sortition,
- One co-opted councilor representing youth, between the ages of sixteen and thirty.
Foreign relations
Foreign relations are substaintially influenced by membership of the European Union. Scotland has strong bilateral relations with England, Ireland, the United States, and Norway.
Scotland trends towards independence in in foreign policy, although is a member of NATO.
Parliament of Scotland Pàrlamaid na h-Alba Pairlament o Scotland | |
|---|---|
| 1st Parliament of Scotland | |
| Type | |
| Type | |
| Houses | Senate National Assembly |
| History | |
| Founded | c. 1235 (Original) |
| Disbanded | May 1, 1707 (Original) |
| Preceded by | Curia regis (Original) Scottish Parliament |
| Succeeded by | Parliament of Great Britain (Original) |
New session started | March 1, 2029 |
| Leadership | |
Presidium of the Senate of Scotland since March 1, 2029 | |
| Structure | |
| Seats | 60 Senators 200 MPs |
 | |
Senate political groups | Executive (36) Opposition (24) |
 | |
National Assembly political groups | Executive (91)
Opposition (109)
|
Length of term | 4 years |
| Elections | |
| Instant runoff voting | |
| Open list proportional representation | |
Last Senate election | 21 February 2029 |
Last National Assembly election | 21 February 2029 |
Next Senate election | By 2033 |
Next National Assembly election | By 2033 |
| Motto | |
| There shall be a Scottish Parliament | |
| Meeting place | |
 | |
| Scottish Parliament Building Edinburgh, Scotland | |
| Constitution | |
| Constitution of Scotland, Article IV | |
| This article is part of a series within the Politics of the United Kingdom on the |
| Politics of Scotland |
|---|
 |
The Parliament of Scotland (Scottish Gaelic: Pàrlamaid na h-Alba [ˈpʰaːrˠl̪ˠəmɪtʲ nə ˈhal̪ˠapə]; Scots: Pairlament o Scotland)[20][21] is the bicameral legislature of the Kingdom of Scotland. It was originally founded around 1235, and served until 1707, when it was succeeded by the Parliament of Great Britain. The Parliament was revived in independent Scotland, by the Constitution of Scotland.
After the original Parliament of Scotland was abolished upon the ratification of the Treaty of Union with England in 1707, Scotland lacked a unique legislature. It was represented in the Parliament of Great Britain, and later the Parliament of the United Kingdom, by members of the House of Commons, and Scottish peers held seats in the House of Lords. The Scotland Act 1998 established the Scottish Parliament, to which certain areas of policy were devolved. This arragement continued until Scottish Independence, where the Scottish Parliament became the interim legislature of the independent state, until the ratification of the Constitution. The first designated Parliament was elected in 2029.
The Parliament is bicameral, composed of the Crown-in-Parliament, Senate, and National Assembly. Unlike most other European legislaures, the Parliament of Scotland practices perfect bicameralism, meaning that the chambers are officially co-equal, although the National Assembly has more power. The Prime Minister must maintain the confidence of the National Assembly, although the both chambers have the power to scrutinize the Scottish Executive. The medieval Parliament and the pre-Independence Scottish Parliament were unicameral.
Parliament holds vast legislative powers, may scrutinize the Executive, approve the budget, establish Burghs and cities, designate District Councils, and propose amendments to the Constitution. It derives it's power from the Constitution, which prohibits Parliament from excerising power not specified in the Constitution. Any meaningful amendment to the Constitution must be approved in a referendum. This makes Scotland one of the few European countries not to practice Parliamentary sovereignty.
A Parliament may last up to four years. The Prime Minister has the power to call early elections, by asking the King of Scots to dissolve the Parliament, which can only be refused if an alternate government can be formed. Both chambers are dissolved and elected at the same time. A vote of no confidence can also result in an earlier election. Debates in Parliament are usually held in English, although members may also use Scots, with which English is mutually inteligible. Facilities are also available for simultaneous translation into Scottish Gaelic.
The seat of Parliament is at Holyrood, and it is frequently referred to by the metonym Holyrood.
History
The historical Parliament of Scotland was unicameral, although it was primative, and may have evolved a bicameral structure like the Parliament of England. It was composed of the Three Estates Scots: Thrie Estaitis, or "three communities of the realm" (tres communitates).
The Scottish Parliament, which was established under the United Kingdom of Great Britain and Northern Ireland in 1999, was approved in a referendum in 1997. The Parliament was established in 1999, and was the first to use the metonym Holyrood. The Scottish Parliament Building was constructed for the new Parliament, and was finished in 2004. The cost overruns and delays involved in the construction of the building became a major public scandal. However, the building was described as "a tour de force of arts and crafts and quality without parallel in the last 100 years of British architecture". The chamber used by the Scottish Parliament became the debating chamber of the National Assembly after independence.
Senate
Composition
The Senate is usually refered to as the upper chamber. Like most upper chambers, it is less powerful than the lower chamber, although it maintains more power than most of it's counterparts in other countries, such as the English House of Lords. The Senate is composed of 60 senators. Each senator represents a geographical constituency, with one senator per constituency, elected using the Instant runoff voting system.
The Constitution mandates that the number of senators be more than 25, and less than a third of the number of members of the National Assembly. As the National Assembly currently has 200 members, the maximum number of senators is 66. However, Boundaries Scotland is required by statute to create 60 senate constituencies. Two constituencies are reserved, one for the Western Isles, and one for Orkney and Shetland. The rest of the constituencies have approximatly the same number of residents.
Presidium
The Senate is governed by a presidium, which is composed of six of it's members. The presidium is elected at the beginning of each Parliament.
Powers and procedures
The Senate's approval is required to enact any law. The consent of both the National Assembly and Senate is required before Parliament can excerise any power granted to it as a whole. This includes a declaration of war or state of emergency, and proposals to amend the Constitution. In fact, only the passage of a vote of no confidence or the election of a Chancellor can be done without the approval of the Senate.
Appointments to major positions within Independent agencies require the consent of a two-thirds majority of the Senate. If Parliament is dissolved or in recess, temporary appointments may be made without the confirmation of the Senate. The Senate then decides on the appointments at it's earliest opportunity.
The Senate is a more collegiate body than the National Assembly. The business of the Senate is determined by the Presidium, as opposed to the Executive. The member of the Presidium which is then presiding has the sole power to discipline senators in regards to their official duties. Any one member of the Presidium has the power to exercise this authority, but decisions are made collectivly according to convention.
Senators
The members of the Senate, styled senators, are elected for the same term as their counterparts in the National Assembly. Some senators are aspiring members of the National Assembly, or community activists. The Senate is sometimes used as a launching pad for a political career.
Senatorial constituencies are usually more populated than those for the National Assembly. As there are less members, it is judged to be harder to become a senator than MP. Senators are therefore accorded slightly more respect, and they often have a more personal connection to their constituents. The ranked system used to elect senators means that the optimal strategy for a senatoral candidate is to campaign in a positive and unprovocative manner. Independents are more common in the Senate. Political parties have less of an influence, due to the lack of proportional representation, and parties usually regard the Senate with less importance.
Senators recieve a salary for their services, which cannot be changed within the life of a Parliament. The Constitution prohibits double-jobbing with the National Assembly, or local authorities. It is also not possible for a senator to be a member of the judiciary, or be enlisted with the Scottish Defence Forces (SDF). Those who serve on active duty with the SDF must wait ten years before being eligible for the Senate. Any person who is an Elector, and who is resident in Scotland, may stand as a candidate. Unlike the National Assembly, there is no affirmative action requirements for Senate candidates.
National Assembly
Composition
The National Assembly is traditionaly the lower chamber. The chamber is elected using proportional representation, with candidates chosen using open party lists. Seats are allocated using the D'Hondt method, with no electoral threshold. Each voter casts a single vote for a candidate, or may vote for a party list. Candidate votes also count as a vote for their respective party list. Candidates are ordered according to the number of votes they recieve. The Constitution mandates the use of proportional representation, but does not specify the exact method.
The National Assembly is currently composed of the constitutional minimum of 200 members. Scotland is divided into 32 constituencies. The Western Isles, Orkney, and Shetland, each constitute a separate constituency, as per the Constitution. Seats are allocated between the constituencies before each election in proportion to their population.
Members of the National Assembly are entitled to use the post-nominal MP.
Powers and procedures
The consent of the National Assembly is required for Parliament to excerise any of it's powers, except for powers exclusivly vested in the Senate. The National Assembly also has some powers that are not granted to the Senate, such as to pass a vote of no confidence in the Executive, or a specific Minister. The National Assembly also elects the Chancellor of Scotland, who serves as it's presiding officer.
The most imporant role of the National Assembly is to debate and approve legislation. Any MP may introduce a bill. Bills that are introduced by Ministers of the Executive are called Government bills. Bills introduced by other members are Private member's bills. The National Assembly also considers bills passed by the Senate. All money bills must be introduced in the National Assembly.
The Chancellor of Scotland is the presiding officer of the National Assembly. The position is derived from the ancient Lord Chancellor of Scotland. Unlike the Lord Chancellor, the Chancellor is not appointed by the monarch, or subject to the monarch's approval. They do, however, preside over meetings of the National Assembly. Only the Chancellor has the power to discpline members for misbehaviour in the chamber, or in their duties outside of Parliament. Decisions of the Chancellor can be appealed to the whole Chamber. The Chancellor is a member of the National Assembly, although they usually do not take part in the party related activities of the chamber. The Chancellor does not vote.
The chamber's day-to-day business is determined by the Executive, via the Minister for Cabinet and Parliamentary Business. A number of conventions permit the opposition to nominate bills for consideration on certain days, known as opposition days.
Question time
The Scottish Executive is directly accountable to the National Assembly. Most parliamentary scrutiny is done by the National Assembly, opposed to the Senate. Question time is held weekly, where MPs can question the Prime Minister and Ministers of the Executive.
First, the Leader of the Opposition is permitted to ask up to six questions of the Prime Minister. This succeeded by the leaders of the other opposition parties, in descending order of number of MPs. After the Prime Minister, other Ministers can be asked questions.
Votes of no confidence
The National Assembly usually displays it's lack of confidence in the Executive by passing a motion of no confidence. The rejection of the Executive's budget proposal is constitutionaly considered a vote of no confidence. Most no-confidence motions, however, take the form of an explicit resolution, stating that "This house has no confidence in His Majesty's Executive." According to Article III, Section 2(b) of the Constitution, a Prime Minister who has lost the confidence of the National Assembly must, within 48 hours, submit his or her resignation to the king, or advise a dissolution of Parliament. Although provision is only officially triggered by an explicit motion of no-confidence, or by the rejection of a budget, the Executive may designate other motions as matters of confidence.
The National Assembly may not be obstructed from considering a motion of no confidence, or a budget bill. This has been interpreted to mean that such motions take precent over almost all others on the National Assembly's agenda. These motions are not subject to Petitions of Grave Concern.
Term
A Parliament may last up to four years. Unlike the Scottish Parliament, which operated under a fixed-term system, the power to dissolve Parliament is part of the king's royal prerogative. However, the usage of this power is regulated by Article IV, Section 4 of the Constitution. The Sovereign can only dissolve Parliament under the following circumstances:
- on the day that is the fourth anniversary of the day on which the existing Parliament first met; or
- on the request of the Prime Minister, unless, to the Sovereign’s mind, a viable candidate exists that could command the confidence of the National Assembly, in which case the Prime Minister shall resign.
The Parliament is unusual in a Westminster system, and among parliamentary systems more generally, in that the Head of State dissolves Parliament by proclamation even when it has exceeded it's permited term, as opposed to it being dissolved automatically. Specifically, a Parliament is dissolved on the fourth anniversary of it's inception.
According to the latter provision above, the Prime Minister may advise an early dissolution. Like in other countries, this triggers a snap election. If the National Assembly passes a motion of no confidence, the Prime Minister is required to either resign or call an election, and most choose the latter. However, the king may reject the advice of the Prime Minister if an alternate government can be formed, in pursuance with the Lascelles Principles. This is to avoid unnecessary elections, and to prevent the abuse of dissolution power by the Prime Minister, in cases where he has lost the confidence of the National Assembly. This also the only time in which the king may defy the Prime Minister's advice. The Prime Minister need not wait for a vote of no confidence, and can call a snap election at any time, provided that no alternative exists. As the National Assembly usually lacks a majority for one party, it is risky for a Prime Minister to attempt to call an early election if he does not have a strong influence on the National Assembly. If the king refuses a dissolution, the Prime Minister must resign.
After a Parliament is dissolved, an election must be held within thirty to sixty days. The exact date is set by royal proclamation, and is determined by the Prime Minister. All seats in Parliament are elected at the same election. After an election, Parliament is summoned to meet within fifteen days of return of the writs.
Legislative authority
According to Section 1 of Article IV of the Constitution, the Parliament is vested with the legislative authority of the Scottish State. Specifically, Parliament may "enact any law that it shall deem necessary for the public good, but no law shall be repugnant to this Constitution." This is commonly refered to as the general jurisdiction of Parliament, as opposed to the limited authority of the pre-independence Scottish Parliament, and local District Councils. In legal terms, Parliament may amend any part of statutory law in Scotland, except in a way that is prohibited by the Constitution. Section 1 also prohibits Parliament from transfering it's legislative power, or sharing it with any other institution, apart from Autonomous District Councils.
Government bills are usually introduced in the National Assembly. All bills are subject to approval by both chambers. A bill must be approved by a majority of members present and voting, as opposed to an absolute majority of each chamber. A quorum of half must be present for either chamber to conduct business.
Upon the passage of a bill by either chamber, a bill is transmitted to the other chamber, where amendments may be made, and the bill sent back. By tradition, the Senate does not outright reject money bills, or other matters of confidence. Upon the approval of a bill by both chambers, the bill is sent to the king, who grants royal assent. The granting of assent promulgates the bill as an Act of Parliament. By tradition, the monarch always assents to a bill. The Executive does not have the power to advise relating to the granting of royal assent.
The Constitution protects the judiciary and local government from political interference. Parliament cannot pass a law that undermines the independence of these organisations, either in practice or by intent.
Non-legislative authority
Despite being a legislative institution, Parliament has a number of non-legislative powers.
Parliament may impose taxes. Such bills must originate in the National Assembly, and must be renewed every eighteen months. In practice, Parliament passes a new tax bill every year, with the remaining six months as insurance. Article VIII, Section 15, prohibits the imposition of taxation outside of a person's means.
Parliament may also expend public money. Parliament may only spend money that it collected itself, it does not have access to Council Tax funds. Like other money bills, these bills must be introduced by the National Assembly.
Parliament may ratify treaties. Treaties only have the force of law after being approved by Parliament. The Prime Minister and Minister of External Affairs are responsible for foreign relations, including the designing of treaties. Treaties that affect the rights of the people, according to Article VIII, require ratification by a Constitutional Amendment.
Parliament is required to conduct a public consultation on every measure before it. This usually takes place during the committee stage, and is performed by hearing testimony from concerned citizens. On particularly important topics where a public debate is encouraged, Parliament may vote to refer a question to the Electors of Scotland in a public referendum. These referenda are non-binding and may only be used to acertain where public opinion rests. Public referenda usually do not refer to a specific bill, but are take the form of an opinion survey. In cases where extensive public consultation is required, such as sensitive or complex matters, Parliament may summon a Citizens' Assembly. These Assemblies are chosen by sortition, or random selection of Electors. A Citizens' Assembly is called every 25 years to review the Constitution. However, Citizens' Assemblies cannot make or enact legislation in of themselves, only recommend legislative or constitutional changes to Parliament.
Parliament may incorporate Burghs. As opposed to the medieval system of royal charters, Parliament determines the composition of Burghs. Four Burghs, Glasgow, Edinburgh, Aberdeen, and Dundee, are granted the status of City. Cities are operated by City Councils, which are a combination of a District Council and a Burgh Council. Burghs may be dissolved or their boundaires altered by Parliament. District Council Areas are created by Parliament, although certain changes require the consent of the applicable residents in a plebiscite.
A declaration of war, and the deployment of the Scottish Defence Forces (SDF), requires the approval of Parliament.
Parliament may declare a state of emergency. The provides, in some cases, for the abrogation of parts of Article VIII in cases of emergency, but there are strict limits on these provisions. Parliament may revoke a declaration at any time, which will revert a waiver of Article VIII rights.
Parliament proposes amendments to the Constitution of Scotland. In this case, a two-thirds majority is neccesary in both chambers. Some amendments can be made unilaterally by Parliament, but most require a referendum to implement. Specifically, an amendment that affects the rights of the people (as expressed in Article VIII or otherwise), "meaningfully alter the power or structure of government, or constitute a matter of interest to the public", requires a referendum. The Constitutional Court makes the decision on whether to refer a proposal to the people. Unlike consultive referenda refered to above, Constitutional referenda are binding.
Riding of Parliament
The Riding of Parliament is an elaborate ceremonial event which formally marked the beginning and ending of a term of the Parliament of Scotland. A Riding is not held at the start of each session, but only at the downsitting (beginning) and rising (end) of Parliament. Dating from the 15th-century, the ceremony was held wherever Parliament met and involved a largely equestrian procession of the members of the Parliament, the officers of state, the Honours of Scotland, and the monarch (or the Lord High Commissioner) from the royal palace or castle to the Parliament’s place of assembly. From the beginning of the 16th-century the Riding of Parliament was usually held in Edinburgh, with the procession travelling along the Royal Mile from the Palace of Holyroodhouse to the Parliament House.
The Riding was performed again in 2029 upon the summoning of the recreated Parliament of Scotland. Because the Parliament now sits at Holyrood, instead of Parliament House, the Riding is now performed in the other direction: starting at Edinburgh Castle, and proceeding along the Royal Mile to the Scottish Parliament Building at Holyrood.
Upon arriving at Holyrood, the members of Parliament enter the debating chamber of the National Assembly. Once all senators and members of the National Assembly are assembled, the Seargent at Arms of the National Assembly announces "Mister/Madam Chancellor, His Majesty, Charles III, King of Scots, seeks entry into this chamber." The Chancellor will then instruct the doors of the chamber to be opened to the king. Upon the king's entry, all present will rise. The national anthem, Scots Wha Hae, is then played, before the king invites those present to resume their seats. The king then makes a short adress, officialy opening the new Parliament.
| Scottish Executive | |
|---|---|
| Scottish Gaelic: Riaghaltas na h-Alba Scots: Scots Govrenment | |
 | |
| Overview | |
| Established | 1 July 1999 |
| Country | Scotland |
| Leader | Prime Minister (Humza Yousaf) |
| Appointed by | Prime Minister approved by National Assembly, appointed by the monarch |
| Main organ | Scottish Cabinet |
| Responsible to | National Assembly |
| Annual budget | £51.2 billion (2021–22)[22] |
| Headquarters | St Andrew's House 2 Regent Road Edinburgh EH1 3DG |
| Website | www |
| This article is part of a series within the Politics of the United Kingdom on the |
| Politics of Scotland |
|---|
| |
The Scottish Executive is the highest decision making body in the Kingdom of Scotland. It is the main organ of the executive branch of the country. The Executive is composed of the Prime Minister and the Ministers of the Executive. All are ceremonially appointed by the King of Scots.
The Executive is bound by the princple of Collective responsibility to the National Assembly. The Prime Minister must maintain the confidence of the National Assembly, and may be removed in a vote of no-confidence. No explicit approval is required by the National Assembly after a new Prime Minister is appointed. Individual Ministers must also maintain this confidence, as the National Assembly may recommend the removal of a Minister by the king. The Prime Minister recommends the appointment of all Ministers by the king.
The Executive presides over the administration of the country's laws. Each Minister heads a Ministry, each dealing with a specific department.
Constitution and Powers
The powers of the Scottish Executive are defined in Article III of the Constitution of Scotland. The office of the Prime Minister is established by the Article, but the individual ministerial positions are defined by law. Section 3(a) of the Article states that "It shall be the duty of the Executive, and all components thereof, to execute the laws of Scotland, as directed by the laws themselves." While the Constitution does not enumerate all the powers of the Executive, it does explicitly vest the Prime Minister or the Executive with certain powers. It is implied that the Executive has whatever powers are neccesary to execute and administer the laws.
Most members of the Executive are also members of Parliament, and mostly the National Assembly. Ministers who are not MPs are known as technocrats. Section 1(d) of Article III imposes a gender quota of 30%.
The Prime Minister may be, but not neccesarily, a Minister of the Executive. The latter term is separate from "member of the Executive", which includes the Prime Minister. However, the Prime Minister may allocate a ministerial portfolio to himself, in which case he is both Prime Minister and Minister. His presence in the Executive counts only once towards the gender quota of 30%.
Appointment
After being appointed by the king, a new Prime Minister will nominate his or her cabinet. All members of the Executive must be sworn in, either by oath or affirmation, before they are allowed to take office. The swearing in of a new Executive usually occurs within a few days of the appointment of a new Prime Minister. A Minister of the Executive may be dismissed at any time by the king, acting on the advice of the Prime Minister or the National Assembly. In practice, however, a Minister will usually resign upon the request of the Prime Minister or the National Assembly, without the king's involvement.
There is no procedure for the Prime Minister to be dismissed. Instead, he or she must resign upon losing the confidence of the National Assembly, or call an election. The Prime Minister's resignation serves as a resignation of the whole Executive. Because of this, the term of an Executive is tied to that of the Prime Minister. This does not prohibit the Prime Minister from reshuffling his cabinet, and major reshuffles are traditionally considered to end the term of the previous Executive.
The Prime Minister does not have the authority to create new ministerial portfolios. Instead, the law defines the positions that constitute Ministers of the Executive. The Prime Minister may, and does, appoint junior ministers to deputise for Ministers, or to perform specific tasks, but these are not Ministers of the Executive, and do not attend cabinet meetings.
Depute Prime Minister
The Prime Minister will designate the Depute Prime Minister. This is not an office, but a title carried by one of the Ministers of the Executive, and does not carry an additional salary. The Depute Prime Minister assumes some of the Prime Minister's powers when the latter is not available. The Constitution empowers the Chancellor of Scotland, or the Prime Minister himself, to declare when the Depute will take over as Prime Minister. If the Prime Minister becomes permanently incapacitated, or dies, the Depute Prime Minister will be elevated to the full role. This is the only instance where the term of office of the Executive is not tied to that of the Prime Minister; the Ministers remain in their offices.
When a coalition government exists, the Depute Prime Minister is usually the leader of the junior coalition partner. When a majority government exists, the deputy/depute leader of the majority party becomes Depute Prime Minister.
Usually the Prime Minister's absence from Scotland does not result in the Depute acting as Prime Minister. It does, however, result in the Depute assuming most of the Prime Minister's domestic duties, such as answering Prime Minister's Questions.
The term depute is the Scots equivilent of the English deputy. It is pronunced the same way as the English version.
Lord Advocate and Solicitor General
The Lord Advocate is the chief legal advisor to the Scottish crown and the Executive. The position dates back to at least 1483, making it by far the oldest office in the Scottish Executive. When Scotland was part of Great Britain, and later the United Kingdom, the Lord Advocate was also the chief prosecutor, a fact that became controversial as it was percieved to be a conflict of interest. When the Constitution came into effect after Independence, all prosecutorial duties were deprived from the Lord Advocate, and are now held by the Chief of Public Prosecutions. The Solicitor General is the deputy of the Lord Advocate.
Although the Lord Advocate and Solicitor General are not part of the Executive, they are officially employed by the Ministry of Justice, and therefore belong to the executive branch. The Constitution prohibits them from holding ministerial positions, or from election to Parliament.
Independent agencies
Independent agencies are certain government institutions that are protected from political interference by the Constitution. They include the Pardon and Parole Board, the Scottish Human Rights Commission, Judicial Appointments Board, and the Scottish Central Bank, among others. Most independent agencies are legaly considered part of a ministry, but some are directly under the Prime Minister. All major appointments to Independent agencies are made by the Prime Minister, with the consent of two-thirds of the Senate.
Seat
.jpg)
The Scottish Executive is headquarted at St Andrew's House, in the capital, Edinburgh. The Prime Minister's residence is in Bute House, also in Edinburgh. Cabinet meetings are held in Bute House.