Devolution Flashcards
Which devolved territories have “permanence” status
Scotland and Wales
What does “permanence” status of the Scottish and Welsh Parliaments mean?
They are permanent parts of the UK constitution and cannot be abolished without a referendum
Can Parliament acting alone abolish the Scottish or Welsh parliaments?
No, a referendum in those territories are required
When will the NI Assembly and Executive be abolished?
When the people of NI decide to join the ROI by way of referendum
What is the Sewel Convention?
Parliament is entitled to legislate on devolved matters, but requires the consent of the relevant devolved parliament to do so. Parliament can still legislate absent the consent
What is the process for Parliament to legislate on devolved matters under the Sewel Convention?
Introduce a “legislative consent motion” in the relevant parliament
Can courts strike down legislation created by devolved parliaments?
Yes
On what grounds can a court strike down devolved parliament’s legislation?
- Acting outside its legislative competence by legislating on non-delegated matters
- Legislating contrary to ECHR
- Legislating contrary to EU law (before Brexit)
What can a devolved parliament do to ensure a bill is within its competence?
Refer it after passing, but before Royal Assent, to the Supreme Curt
Who in the NI Assembly can refer bills to the Supreme Court
Advocate General for NI
Attorney General for NI
Who in the Scottish Parliament can refer bills to the Supreme Court
Lord Advocate
Advocate General for Scotland
Attorney General for Scotland
Who in the Welsh parliament can refer bills to the Supreme Court
Counsel General
Attorney General
