Independence: what you need to know

Constitution

Under this government’s proposals for an independent Scotland, a written constitution would be in place to protect rights and democratic systems. It would be the people of Scotland who decide what the Scottish constitution would include. On independence there would be an interim written constitution that would remain in place until a permanent constitution has been agreed by the people.

Protecting rights in the Scottish constitution 

The content of a permanent written constitution would be a matter for the people of Scotland.   

This Scottish Government believes the constitution should: 

• enshrine the range of international human rights and equalities obligations, including children’s rights 

• recognise and protect the NHS in Scotland, ensuring a right to access a system of health care free at the point of need 

• provide constitutional protection of the right to strike 

• enshrine a policy on free university tuition  

• set out the key features of Scotland’s democratic system 

A new top court 

Scotland’s respected and independent legal system would continue after independence. However, the UK Supreme Court would no longer make decisions for Scotland. 

With independence, Scotland’s Court of Session (for non-criminal matters) and High Court of Justiciary (for criminal matters) would together become the Supreme Court for Scotland, Scotland’s top court. Scotland would also take responsibility for all the tribunals that protect people’s rights. 

Find out more

• Building a New Scotland - Creating a modern constitution for an independent Scotland: summary
• Building a New Scotland: Justice in an independent Scotland