105-614: The National Conversation was the name given to the Scottish Government 's public consultation exercise regarding possible future changes in the power of the devolved Scottish Parliament and the possibility of Scottish independence , a policy objective of the Scottish National Party , who at the time were the minority government with power over devolved affairs in Scotland , as the Scottish Government . It culminated in
210-601: A permanent secretary , two law officers – the Lord Advocate and the Solicitor General for Scotland – who serve as the chief legal advisers to the government, and the chief of staff to the first minister , as well as several other government officials, personal secretaries and advisers to the Scottish Government and the first minister. The head of the Scottish Government is the first minister who also serves as
315-549: A senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the Estates as a means of communicating with the people. Bodin believed that "the most divine, most excellent, and the state form most proper to royalty is governed partly aristocratically and partly democratically". During the Age of Enlightenment , the idea of sovereignty gained both legal and moral force as
420-435: A bigger state nor is their governance subjected to supervision. The sovereignty (i.e. legal right to govern) however, is disputed in both cases as the first entity is claimed by Serbia and the second by Somalia . Internal sovereignty is the relationship between sovereign power and the political community. A central concern is legitimacy : by what right does a government exercise authority? Claims of legitimacy might refer to
525-556: A breakdown of public spending, the work of senior civil servants in the Scottish Government, including their job titles and salaries, as well as government assessment against objectives in order to highlight how well the government is doing in achieving the targets and objectives it creates through the National Performance Framework and Programme for Government. Additionally, the Freedom of Information (Scotland) Act 2002 gives
630-522: A country and is not subordinate to any other government in that country or a foreign sovereign state. External sovereignty is connected with questions of international law – such as when, if ever, is intervention by one country into another's territory permissible? Following the Thirty Years' War , a European religious conflict that embroiled much of the continent, the Peace of Westphalia in 1648 established
735-653: A decision of the General Assembly upon the recommendation of the Security Council." Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. The Holy See was in this position between the annexation in 1870 of the Papal States by Italy and the signing of the Lateran Treaties in 1929, a 59-year period during which it
840-538: A designated individual or group of individuals that are acting on behalf of the people of the state. Juridical sovereignty emphasizes the importance of other states recognizing the rights of a state to exercise their control freely with little interference. For example, Jackson, Rosberg and Jones explain how the sovereignty and survival of African states were more largely influenced by legal recognition rather than material aid. Douglass North identifies that institutions want structure and these two forms of sovereignty can be
945-471: A matter of fact, theorists found that during the post Cold War era many people focused on how stronger internal structures promote inter-state peace. For instance, Zaum argues that many weak and impoverished countries that were affected by the Cold War were given assistance to develop their lacking sovereignty through this sub-concept of "empirical statehood". The Roman jurist Ulpian observed that: Ulpian
1050-528: A method for developing structure. For a while, the United Nations highly valued juridical sovereignty and attempted to reinforce its principle often. More recently, the United Nations is shifting away and focusing on establishing empirical sovereignty. Michael Barnett notes that this is largely due to the effects of the post Cold War era because the United Nations believed that to have peaceful relations states should establish peace within their territory. As
1155-577: A multi-option white paper for a proposed Referendum (Scotland) Bill, 2010 . The National Conversation was launched on 14 August 2007 by Alex Salmond , the First Minister of Scotland . It consisted of a 59-page white paper , titled Choosing Scotland's Future , and a website . The white paper included a draft bill for a referendum to allow for negotiations with the UK Government on Scottish independence. The website encourages comments to be made on
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#17330847178671260-711: A proposal by the Parliament. The Scottish Parliament can legislate on any matter that is not reserved to the Parliament of the United Kingdom . Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers :
1365-434: A single individual was that sovereignty would therefore be indivisible; it would be expressed in a single voice that could claim final authority. An example of an internal sovereign is Louis XIV of France during the seventeenth century; Louis XIV claimed that he was the state. Jean-Jacques Rousseau rejected monarchical rule in favor of the other type of authority within a sovereign state, public sovereignty. Public Sovereignty
1470-407: A state to deter opposition groups in exchange for bargaining. While the operations and affairs within a state are relative to the level of sovereignty within that state, there is still an argument over who should hold the authority in a sovereign state. This argument between who should hold the authority within a sovereign state is called the traditional doctrine of public sovereignty. This discussion
1575-644: A strong authority allows you to keep the agreement and enforce sanctions for the violation of laws. The ability for leadership to prevent these violations is a key variable in determining internal sovereignty. The lack of internal sovereignty can cause war in one of two ways: first, undermining the value of agreement by allowing costly violations; and second, requiring such large subsidies for implementation that they render war cheaper than peace. Leadership needs to be able to promise members, especially those like armies, police forces, or paramilitaries will abide by agreements. The presence of strong internal sovereignty allows
1680-457: A strong central authority in the form of absolute monarchy . In his 1576 treatise Les Six Livres de la République ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: The treatise is frequently viewed as the first European text theorizing state sovereignty. Bodin rejected the notion of transference of sovereignty from people to
1785-923: A supranational organization, such as a continental union . In the case of the European Union member-states, this is called "pooled sovereignty" . Another example of shared and pooled sovereignty is the Acts of Union 1707 which created the unitary state now known as the United Kingdom . It was a full economic union, meaning the Scottish and English systems of currency, taxation and laws regulating trade were aligned. Nonetheless, Scotland and England never fully surrendered or pooled all of their governance sovereignty; they retained many of their previous national institutional features and characteristics, particularly relating to their legal, religious and educational systems. In 2012,
1890-421: Is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory , sovereignty is a substantive term designating supreme legitimate authority over some polity . In international law , sovereignty is the exercise of power by a state . De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to
1995-417: Is between an internal sovereign or an authority of public sovereignty. An internal sovereign is a political body that possesses ultimate, final and independent authority; one whose decisions are binding upon all citizens, groups and institutions in society. Early thinkers believed sovereignty should be vested in the hands of a single person, a monarch. They believed the overriding merit of vesting sovereignty in
2100-461: Is common to all nations (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power. Thus, Bodin's sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being. The fact that the sovereign must obey divine and natural law imposes ethical constraints on him. Bodin also held that
2205-432: Is directly accountable to the Scottish Parliament for their actions and the actions of the wider government and cabinet. The office is held by John Swinney of the Scottish National Party since 7 May 2024. The first minister is supported by the deputy first minister who deputises for the first minister during periods of absence, such as when he is attending overseas visits and international engagements, and may act on
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#17330847178672310-614: Is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service , and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of
2415-565: Is implemented accordingly so that the new law begins to work and that any additional measures and features can be added in order to make the law work and ensure its effective implementation and operation. The Scottish Government publishes statistics based on the majority of public life in Scotland, including, but not limited to, education, the economy, healthcare, population, death, marriages and births, as well as living standards. The government uses such statistics in order to evaluate its work against
2520-412: Is not a law" (Book II, Chapter VI) – and predicated on the assumption that the people have an unbiased means by which to ascertain the general will. Thus the legal maxim, "there is no law without a sovereign." According to Hendrik Spruyt , the sovereign state emerged as a response to changes in international trade (forming coalitions that wanted sovereign states) so that the sovereign state's emergence
2625-517: Is not always enlightened, and consequently does not always see wherein the common good lies; hence the necessity of the legislator. But the legislator has, of himself, no authority; he is only a guide who drafts and proposes laws, but the people alone (that is, the sovereign or general will) has authority to make and impose them. Rousseau, in the Social Contract argued, "the growth of the State giving
2730-434: Is not restricted by a constitution, by the laws of its predecessors, or by custom , and no areas of law or policy are reserved as being outside its control. International law ; policies and actions of neighboring states; cooperation and respect of the populace; means of enforcement; and resources to enact policy are factors that might limit sovereignty. For example, parents are not guaranteed the right to decide some matters in
2835-709: Is now seen to have been an illegal entity by the modern Polish administration. The post-1989 Polish state claims direct continuity from the Second Polish Republic which ended in 1939. For other reasons, however, Poland maintains its communist-era outline as opposed to its pre-World War II shape which included areas now in Belarus , Czech Republic , Lithuania , Slovakia and Ukraine but did not include some of its western regions that were then in Germany . Additionally sovereignty can be achieved without independence, such as how
2940-634: Is one of the Law Officers of the Crown , and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots law. They are also responsible for the Crown Office and Procurator Fiscal Service which together constitute the Criminal Prosecution Service in Scotland . Together with the Lord Advocate, the Solicitor General for Scotland is one of the senior legal advisors to
3045-403: Is one with a government that has been elected by the people and has the popular legitimacy. Internal sovereignty examines the internal affairs of a state and how it operates. It is important to have strong internal sovereignty to keeping order and peace. When you have weak internal sovereignty, organisations such as rebel groups will undermine the authority and disrupt the peace. The presence of
3150-519: Is practiced predominantly by the military or police force it is considered coercive sovereignty . State sovereignty is sometimes viewed synonymously with independence , however, sovereignty can be transferred as a legal right whereas independence cannot. A state can achieve de facto independence long after acquiring sovereignty, such as in the case of Cambodia, Laos and Vietnam. Additionally, independence can also be suspended when an entire region becomes subject to an occupation. For example, when Iraq
3255-477: Is responsible for a number of directorates and agencies of the Scottish Government and are directly accountable for the legislation proposals, as well as implementing government policy into practice. Public bodies (non–ministerial departments of the Scottish Government) are the responsibility of the senior civil servants as opposed to Scottish Government ministers. The civil service is a matter reserved to
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3360-597: Is supported by the Cabinet Secretariat, based at St Andrew's House . While the Scottish Parliament is in session, Cabinet meets weekly. Normally meetings are held on Tuesday afternoons in Bute House , the official residence of the First Minister . Members of the Scottish Cabinet receive blue despatch boxes for their use while in office. There are currently two sub-committees of cabinet: The Lord Advocate
3465-432: Is that it is a claim that must be recognized if it is to have any meaning: Sovereignty is a hypothetical trade, in which two potentially (or really) conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy. There are two additional components of sovereignty that should be discussed, empirical sovereignty and juridical sovereignty. Empirical sovereignty deals with
3570-462: Is the executive arm of the devolved government of Scotland . It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution . Its areas for responsibility of decision making and domestic policy in the country include the economy , education , healthcare , justice and the legal system , rural affairs, housing, the crown estate , the environment,
3675-401: Is the belief that ultimate authority is vested in the people themselves, expressed in the idea of the general will. This means that the power is elected and supported by its members, the authority has a central goal of the good of the people in mind. The idea of public sovereignty has often been the basis for modern democratic theory. Within the modern governmental system, internal sovereignty
3780-495: Is the principal legal adviser for both the Scottish Government and the Crown in Scotland on civil and criminal matters that fall within the devolved powers of the Scottish Parliament . The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which
3885-608: Is the second form of post-world war change in the norms of sovereignty, representing a significant shift since member nations are no longer absolutely sovereign. Some theorists, such as Jacques Maritain and Bertrand de Jouvenel have attacked the legitimacy of the earlier concepts of sovereignty, with Maritain advocating that the concept be discarded entirely since it: Efforts to curtail absolute sovereignty have met with substantial resistance by sovereigntist movements in multiple countries who seek to " take back control " from such transnational governance groups and agreements, restoring
3990-489: Is usually an expectation that both de jure and de facto sovereignty rest in the same organisation at the place and time of concern. Foreign governments use varied criteria and political considerations when deciding whether or not to recognise the sovereignty of a state over a territory. Membership in the United Nations requires that "[t]he admission of any such state to membership in the United Nations will be affected by
4095-465: Is usually found in states that have public sovereignty and is rarely found within a state controlled by an internal sovereign. A form of government that is a little different from both is the UK parliament system. John Austin argued that sovereignty in the UK was vested neither in the Crown nor in the people but in the " Queen-in-Parliament ". This is the origin of the doctrine of parliamentary sovereignty and
4200-494: Is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy". Public sovereignty in modern governments is a lot more common with examples like the US, Canada, Australia and India where
4305-505: The British parliament at Westminster (rather than devolved to Holyrood ): Scottish Government civil servants work within the rules and customs of His Majesty's Civil Service , but serve the Scottish Government rather than British government . Sovereignty Sovereignty can generally be defined as supreme authority . Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty
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4410-827: The Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic made the Russian Soviet Federative Socialist Republic a sovereign entity within but not independent from the USSR. At the opposite end of the scale, there is no dispute regarding the self-governance of certain self-proclaimed states such as the Republic of Kosovo or Somaliland (see List of states with limited recognition , but most of them are puppet states ) since their governments neither answer to
4515-645: The Holocaust , the vast majority of states rejected the prior Westphalian permissiveness towards such supremacist power based sovereignty formulations and signed the Universal Declaration of Human Rights in 1948. It was the first step towards circumscription of the powers of sovereign nations, soon followed by the Genocide Convention which legally required nations to punish genocide. Based on these and similar human rights agreements, beginning in 1990 there
4620-517: The Royal Arms with the Flag of Scotland . The Scottish Government is separate from the Scottish Parliament , with the parliament being made of 129 Members of the Scottish Parliament elected by the electorate of Scotland during Scottish Parliamentary elections. The Scottish Parliament acts as the law making body for devolved matters which fall under the responsibility of the Scottish Government. The work of
4725-456: The Scottish Government , created in 1998 through devolution in the United Kingdom , negotiated terms with the Government of the United Kingdom for the 2014 Scottish independence referendum which resulted in the people of Scotland deciding to continue the pooling of its sovereignty with the rest of the United Kingdom. A community of people who claim the right of self-determination based on
4830-548: The Scottish Liberal Democrats . During this period, ministerial appointees were divided into ministers and deputy ministers. The Labour-Liberal Democrat coalition continued under subsequent First Ministers Henry McLeish and Jack McConnell . Following the 2007 Scottish Parliament election , Alex Salmond headed a Scottish National Party administration until his resignation in 2014 and the appointment of his former Deputy First Minister Nicola Sturgeon . Since 2007,
4935-518: The Second World War were regarded as sovereign despite their territories being under foreign occupation; their governance resumed as soon as the occupation had ended. The government of Kuwait was in a similar situation vis-à-vis the Iraqi occupation of its country during 1990–1991. The government of Republic of China (ROC) was generally recognized as sovereign over China from 1911 to 1971 despite
5040-526: The Soviet Union and governed locally by their pro-Soviet functionaries. When in 1991 Latvia, Lithuania and Estonia re-enacted independence, it was done so on the basis of continuity directly from the pre-Soviet republics. Another complicated sovereignty scenario can arise when regime itself is the subject of dispute. In the case of Poland , the People's Republic of Poland which governed Poland from 1945 to 1989
5145-477: The divine right of kings , or to a social contract (i.e. popular sovereignty ). Max Weber offered a first categorization of political authority and legitimacy with the categories of traditional, charismatic and legal-rational. With "sovereignty" meaning holding supreme, independent authority over a region or state, "internal sovereignty" refers to the internal affairs of the state and the location of supreme power within it. A state that has internal sovereignty
5250-401: The general will , is inalienable, for the will cannot be transmitted; it is indivisible since it is essentially general; it is infallible and always right, determined and limited in its power by the common interest; it acts through laws. Law is the decision of the general will regarding some object of common interest, but though the general will is always right and desires only good, its judgment
5355-529: The keeper of the Great Seal whilst in office as first minister. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad. In their capacity as Keeper of the Great Seal of Scotland,
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#17330847178675460-458: The lois royales , the fundamental laws of the French monarchy which regulated matters such as succession, are natural laws and are binding on the French sovereign. Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out. He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene
5565-700: The lord advocate and the solicitor general for Scotland . Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. In 1885, many domestic policy functions relating to Scotland were brought into the responsibility of the Scottish Office , a department of the Government of the United Kingdom which
5670-409: The " Peace of Westphalia ", but for different reasons. He created the first modern version of the social contract (or contractarian) theory, arguing that to overcome the "nasty, brutish and short" quality of life without the cooperation of other human beings, people must join in a "commonwealth" and submit to a "Soveraigne [ sic ] Power" that can compel them to act in the common good. Hobbes
5775-900: The 1949 victory of the Communists in the Chinese civil war and the retreat of the ROC to Taiwan . The ROC represented China at the United Nations until 1971, when the People's Republic of China obtained the UN seat. The ROC political status as a state became increasingly disputed; it became commonly known as Taiwan . The International Committee of the Red Cross is commonly mistaken to be sovereign. It has been granted various degrees of special privileges and legal immunities in many countries, including Belgium, France, Switzerland, Australia, Russia, South Korea, South Africa and
5880-659: The European union have eroded the sovereignty of traditional states. The centuries long movement which developed a global system of sovereign states came to an end when the excesses of World War II made it clear to nations that some curtailment of the rights of sovereign states was necessary if future cruelties and injustices were to be prevented. In the years immediately prior to the war, National Socialist theorist Carl Schmitt argued that sovereignty had supremacy over constitutional and international constraints arguing that states as sovereigns could not be judged and punished. After
5985-574: The Holy Roman Emperor, granting them seats in the Reichstag , at the time the closest permanent equivalent to an UN-type general assembly; confirmed 1620. These sovereign rights were never deposed, only the territories were lost. Over 100 modern states maintain full diplomatic relations with the order, and the UN awarded it observer status. The governments-in-exile of many European states (for instance, Norway, Netherlands or Czechoslovakia ) during
6090-634: The Italian capital (since in 1869 the Palazzo di Malta and the Villa Malta receive extraterritorial rights, in this way becoming the only "sovereign" territorial possessions of the modern Order), which is the last existing heir to one of several once militarily significant, crusader states of sovereign military orders . In 1607 its Grand masters were also made Reichsfürst (princes of the Holy Roman Empire) by
6195-574: The Medieval period as the de jure rights of nobility and royalty. Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for a stronger central authority when monarchs had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging. Jean Bodin , partly in reaction to the chaos of the French wars of religion , presented theories of sovereignty calling for
6300-518: The Scottish Executive has used the name Scottish Government. The change of name was later recognised in United Kingdom legislation by the Scotland Act 2012 . In 2001, former First Minister Henry McLeish had proposed such a change, but experienced some opposition. At the same time that the Scottish Government began to use its new name, a new emblem was adopted. It replaced the use of a version of
6405-448: The Scottish Government, including proposed legislation, policies and activities, is scrutinised by parliament through a variety of different measures such as parliamentary debates, parliament committees and parliamentary questions to the appropriate Cabinet Secretary or government minister. The Scottish Government produces a National Performance Framework (NPF) which sets out the government's priorities, objectives and overall vision for
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#17330847178676510-465: The Scottish Parliament, where it will then be put to the Monarch to receive royal assent. Once royal assent has been given by the Monarch, the bill becomes a law of the Scottish Parliament and becomes embedded in Scots law. Once a bill is successful in becoming law, the Scottish Government has the responsibility to ensure subordinate legislation, which often comes in the form of Scottish statutory instruments,
6615-502: The US, and soon in Ireland. The Committee is a private organisation governed by Swiss law. Just as the office of head of state can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political territory can be shared jointly by two or more consenting powers, notably in the form of a condominium . Likewise the member states of international organizations may voluntarily bind themselves by treaty to
6720-661: The agreement of the Scottish Parliament. They need not be members of the Scottish Parliament. In addition to the Scottish Ministers, the Scottish Government is supported by a number of officials drawn from the UK Civil Service . They are collectively referred to as the Scottish Administration in the Scotland Act 1998. According to 2012 reports, there are 16,000 civil servants working in core Scottish Government directorates and agencies. A total of eight director–generals head Scotland's civil service department. Each director–general
6825-505: The consideration of Scottish independence. The rejection of the National Conversation by the Scottish Parliament has led to criticisms as to its legitimacy. Concerns have also been raised by On 24 April 2008, Lord Foulkes , a Labour Member of the Scottish Parliament , claimed that the National Conversation had been met with "complete indifference" by the people of Scotland, quoting website visiting figures. He further claimed that
6930-443: The country following election. First introduced in 2007, this framework acts a means to measure the performance of the government in eleven national outcome areas which include health, poverty, environment and education. It creates a pledge and commitment on the aspirations and aims that government wishes to create within the country, and serves as a means for the government to highlight national priorities and provides an opportunity for
7035-431: The data to gauge how successful, or unsuccessful, government policy is and whether it is having the desired impact. In order to ensure accountability, the Scottish Government publishes information for public consumption in order to ensure the work of the Scottish Government is accessible and transparent for the public. It commits itself to publishing information in areas relating to the spending of public money and creating
7140-465: The expressed and institutionally recognised right to exercise control over a territory. De facto sovereignty means sovereignty exists in practice , irrespective of anything legally accepted as such, usually in writing. Cooperation and respect of the populace; control of resources in, or moved into, an area; means of enforcement and security; and ability to carry out various functions of state all represent measures of de facto sovereignty. When control
7245-418: The factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization. The term arises from the unattested Vulgar Latin * superanus (itself a derived form of Latin super – "over") meaning "chief", "ruler". Its spelling, which has varied since
7350-402: The fire service , equal opportunities, the transportation network , and tax , amongst others. The Scottish Government consists of the Scottish Ministers, which is used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament , which was also created by the Scotland Act 1998 with the first minister appointed by the monarch following
7455-408: The first minister is one of only a few individuals permitted to fly the Royal Banner of the Royal Arms of Scotland . The first minister is nominated by the Scottish Parliament by fellow MSPs , and is formally appointed by the monarch . The first minister appoints members of the Scottish Cabinet and junior ministers of the Scottish Government. As head of the Scottish Government, the first minister
7560-468: The first ministers behalf during First Minister's Questions in the Scottish Parliament . Whilst serving as deputy first minister, the office holder holds another cabinet position. Currently, Kate Forbes , the Cabinet Secretary for Economy and Gaelic , serves as the deputy first minister. The Scottish Cabinet collectively takes responsibility for policy coordination within the Scottish Government. It
7665-402: The government in Scotland. Whilst the Solicitor General for Scotland supports the Lord Advocate in their functions, the Solicitor General may also exercise their statutory and common law powers when necessary. The incumbent Solicitor General for Scotland is Ruth Charteris KC . The Scottish law officers are appointed by the monarch on the recommendation of the incumbent first minister, with
7770-407: The government is divided into different levels. External sovereignty concerns the relationship between sovereign power and other states. For example, the United Kingdom uses the following criterion when deciding under what conditions other states recognise a political entity as having sovereignty over some territory; "Sovereignty." A government which exercises de facto administrative control over
7875-515: The government to evaluate its progress towards achieving the objectives as set out in the National Performance Framework. Each of the National Outcomes is measured by a number of indicators and associated data sets. Similarly, the Programme for Government is published annually by the incumbent Scottish Government, and it highlights the government's policies, proposed actions and legislation that
7980-411: The government will seek to implement in the forthcoming year. The majority of bills proposed to the Scottish Parliament come from the Scottish Government. The process for introducing bills to the parliament for consideration and debate commences with the government publishing and formulating policy. A bill will only become law in Scotland under Scots law once it has been approved by a majority of MSPs in
8085-484: The internal affairs of many European states. It is a myth, however, that the Treaties of Westphalia created a new European order of equal sovereign states. In international law , sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit. Determining whether a specific entity is sovereign is not an exact science, but often a matter of diplomatic dispute. There
8190-400: The legitimacy of who is in control of a state and the legitimacy of how they exercise their power. Tilly references an example where nobles in parts of Europe were allowed to engage in private rights and Ustages , a constitution by Catalonia recognized that right which demonstrates empirical sovereignty. As David Samuel points out, this is an important aspect of a state because there has to be
8295-594: The main Western description of the meaning and power of a State. In particular, the " Social contract " as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new United States and France , though also in Great Britain to a lesser extent. Thomas Hobbes , in Leviathan (1651) put forward a conception of sovereignty similar to Bodin's, which had just achieved legal status in
8400-561: The notion of territorial sovereignty as a norm of noninterference in the affairs of other states, so-called Westphalian sovereignty , even though the treaty itself reaffirmed the multiple levels of the sovereignty of the Holy Roman Empire. This resulted as a natural extension of the older principle of cuius regio, eius religio (Whose realm, his religion), leaving the Roman Catholic Church with little ability to interfere with
8505-644: The origin of power), provides that the people are the legitimate sovereign. Rousseau considered sovereignty to be inalienable; he condemned the distinction between the origin and the exercise of sovereignty, a distinction upon which constitutional monarchy or representative democracy is founded. John Locke , and Montesquieu are also key figures in the unfolding of the concept of sovereignty; their views differ with Rousseau and with Hobbes on this issue of alienability. The second book of Jean-Jacques Rousseau's Du Contrat Social, ou Principes du droit politique (1762) deals with sovereignty and its rights. Sovereignty, or
8610-1339: The party's approach on independence and social democracy . In this case, however, the conversation is to be solely on independence, instead of three options. The expression was met with less enthusiasm in Quebec and arose cynicism in the press and objection with some party hardliners . Shortly after, the Parti Québécois replaced the term with débat sur la souveraineté ("debate on sovereignty "). Scottish Government Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Scottish Government ( Scottish Gaelic : Riaghaltas na h-Alba , pronounced [ˈrˠiə.əl̪ˠt̪əs nə ˈhal̪ˠapə] )
8715-502: The people in return for his maintaining their physical safety—led him to conclude that if and when the ruler fails, the people recover their ability to protect themselves by forming a new contract. Hobbes's theories decisively shape the concept of sovereignty through the medium of social contract theories. Jean-Jacques Rousseau 's (1712–1778) definition of popular sovereignty (with early antecedents in Francisco Suárez 's theory of
8820-464: The public the right to ask for information relating to the Scottish Government, as well as other public sectors. The Scottish Government consists of a first minister , deputy first minister , nine cabinet secretaries and eighteen other government ministers, collectively for statutory purposes, "the Scottish Ministers ". Cabinet secretaries are senior members of the Scottish Cabinet , whilst
8925-401: The remaining government ministers are junior ministers of the government and act as a deputy to the corresponding cabinet secretary of that department, and support the duties and functions of the cabinet secretary. As junior ministers of the government, ministers do not usually attend the Scottish Cabinet; only the cabinet secretary attends. Additionally, the Scottish Government is supported by
9030-488: The revision of the concept of sovereignty was made explicit with the Responsibility to Protect agreement endorsed by all member states of the United Nations. If a state fails this responsibility either by perpetrating massive injustice or being incapable of protecting its citizens, then outsiders may assume that responsibility despite prior norms forbidding such interference in a nation's sovereignty. European integration
9135-403: The ruler (also known as the sovereign ); natural law and divine law confer upon the sovereign the right to rule. And the sovereign is not above divine law or natural law. He is above ( i.e. not bound by) only positive law , that is, laws made by humans. He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that
9240-568: The systems of prosecutions in Scotland and is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths which occur within Scotland. The officeholder is regarded as one of the Great Officers of State of Scotland, with the current Lord Advocate being Dorothy Bain KC , who was nominated by first minister Nicola Sturgeon in June 2021. The Solicitor General for Scotland
9345-415: The term could also be understood in four different ways: Often, these four aspects all appear together, but this is not necessarily the case – they are not affected by one another, and there are historical examples of states that were non-sovereign in one aspect while at the same time being sovereign in another of these aspects. According to Immanuel Wallerstein , another fundamental feature of sovereignty
9450-898: The territory. Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority. Along these lines, the German sociologist Max Weber proposed that sovereignty is a community's monopoly on the legitimate use of force ; and thus any group claiming the right to violence must either be brought under the yoke of the sovereign, proven illegitimate or otherwise contested and defeated for sovereignty to be genuine. International law, competing branches of government, and authorities reserved for subordinate entities (such as federated states or republics) represent legal infringements on exclusivity. Social institutions such as religious bodies, corporations, and competing political parties might represent de facto infringements on exclusivity. De jure , or legal, sovereignty concerns
9555-643: The text of the Bill and Referendum to be revealed later. The scenarios were: No Change, Devolution per the Calman Review, Full Devolution, and Full Independence. On 6 December 2007, the Scottish Parliament voted to create a Commission on Scottish Devolution , chaired by Sir Kenneth Calman , and with the remit: The Commission was supported by the three main pro-Union political parties in Scotland: Labour , Conservatives and Liberal Democrats . Wendy Alexander, at
9660-522: The time leader of the Labour party in the Scottish Parliament, proposed the motion, rejecting the National Conversation and an amendment proposed by the Scottish National Party calling for support for the National Conversation was defeated, Ms Alexander associating it with moves towards Scottish independence and making the following response: Notably the remit of the Commission on Scottish Devolution precludes
9765-471: The trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn to contain the Government," with the understanding that the Sovereign is "a collective being of wonder" (Book II, Chapter I) resulting from "the general will" of the people, and that "what any man, whoever he may be, orders on his own,
9870-432: The upbringing of their children independent of societal regulation, and municipalities do not have unlimited jurisdiction in local matters, thus neither parents nor municipalities have absolute sovereignty. Theorists have diverged over the desirability of increased absoluteness. A key element of sovereignty in a legalistic sense is that of exclusivity of jurisdiction also described as the ultimate arbiter in all disputes on
9975-626: The website had become a meeting place for SNP activists, noting also that although 41 comments had been removed from the site, "there are still anti-English remarks bordering on racism ." The initiative influenced the Parti Québécois and, in March 2008, shortly before the Parti Québécois National Council, leader Pauline Marois presented the party's plan to propose a conversation nationale to Quebecers as part of Marois' renewal of
10080-409: The white paper. Comments are encouraged from members of the public, rather than just interest groups . As a culmination to the National Conversation, a white paper for the proposed Referendum (Scotland) Bill, 2010 was published on St. Andrew's Day on 30 November 2009. The 176 page paper was titled, "Your Scotland, Your Voice". The paper detailed four possible scenarios for Scotland's future, with
10185-466: The word's first appearance in English in the 14th century, was influenced by the English word " reign ". The concept of sovereignty has had multiple conflicting components, varying definitions, and diverse and inconsistent applications throughout history. The current notion of state sovereignty contains four aspects: territory, population, authority and recognition. According to Stephen D. Krasner ,
10290-474: The world to pre World War II norms of sovereignty. There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon. An important factor of sovereignty is its degree of absoluteness . A sovereign power has absolute sovereignty when it
10395-537: Was a practical expression of this circumscription when the Westphalian principle of non-intervention was no longer observed for cases where the United Nations or another international organization endorsed a political or military action. Previously, actions in Yugoslavia, Bosnia, Kosovo , Somalia , Rwanda , Haiti , Cambodia or Liberia would have been regarded as illegitimate interference in internal affairs. In 2005,
10500-514: Was expressing the idea that the emperor exercised a rather absolute form of sovereignty that originated in the people, although he did not use the term expressly. Ulpian's statements were known in medieval Europe , but sovereignty was an important concept in medieval times. Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy . Furthermore, both were strongly constrained by custom. Sovereignty existed during
10605-581: Was headed by a Secretary for Scotland, later the Secretary of State for Scotland . Following the 1997 referendum on devolution, many of the functions of the Secretary of State for Scotland were transferred to the Scottish Ministers, accountable to a devolved Scottish Parliament. The first Scottish Executive was formed by First Minister Donald Dewar as a coalition between the Scottish Labour Party and
10710-519: Was not inevitable; "it arose because of a particular conjuncture of social and political interests in Europe." Once states are recognized as sovereign, they are rarely recolonized, merged, or dissolved. Today, no state is sovereign in the sense they were prior to the Second World War. Transnational governance agreements and institutions, the globalized economy, and pooled sovereignty unions such as
10815-551: Was overrun by foreign forces in the Iraq War of 2003 , Iraq had not been annexed by any country, so sovereignty over it had not been claimed by any foreign state (despite the facts on the ground ). Alternatively, independence can be lost completely when sovereignty itself becomes the subject of dispute. The pre-World War II administrations of Latvia , Lithuania and Estonia maintained an exile existence (and considerable international recognition) whilst their territories were annexed by
10920-693: Was recognised as sovereign by many (mostly Roman Catholic) states despite possessing no territory – a situation resolved when the Lateran Treaties granted the Holy See sovereignty over the Vatican City . Another case, sui generis is the Sovereign Military Order of Malta , the third sovereign entity inside Italian territory (after San Marino and the Vatican City State ) and the second inside
11025-409: Was thus the first to write that relations between the people and the sovereign were based on negotiation rather than natural submission. His expediency argument attracted many of the early proponents of sovereignty. Hobbes strengthened the definition of sovereignty beyond either Westphalian or Bodin's, by saying that it must be: Hobbes' hypothesis—that the ruler's sovereignty is contracted to him by
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