Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

ELS & Constitutional Law > Chapter 8 - Devolution > Flashcards

Chapter 8 - Devolution Flashcards

1
Q

What comprises the United Kingdom?

A

The United Kingdom of Great Britain and Northern Ireland consists of four countries: England, Wales, Scotland, and Northern Ireland.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What was Scotland’s status before the Act of Union 1707?

A

Scotland was independent with its own legal system until the Act of Union 1707.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What did the Act of Union 1707 accomplish?

A

The Act abolished separate parliaments, creating a single Great Britain Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What distinct systems does Scotland retain?

A

Scotland retains distinct systems in law, education, and local government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How was Wales incorporated into England?

A

Wales was conquered by Edward I in 1283, and the Laws in Wales Acts 1535–1542 incorporated Wales into England.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What rights were granted to Welsh people by the Laws in Wales Acts?

A

Welsh people were granted the same rights as English subjects and added Welsh constituencies to the House of Commons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What language became the official language of law in Wales?

A

English became the official language of law in Wales.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What recognition of Wales’ governance occurred in 1964?

A

The Secretary of State for Wales was created in 1964.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What did the Welsh Language Act 1967 allow?

A

The Welsh Language Act 1967 allowed Welsh in legal proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was the status of Ireland’s Parliament until 1800?

A

Ireland kept its Parliament until 1800 despite the Crown claiming authority over Ireland from 1541.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What did the Act of Union 1800 do?

A

The Act united the kingdoms, abolishing the Irish Parliament and establishing the legislative supremacy of the Great Britain and Ireland Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What was established by the Government of Ireland Act 1920?

A

The Government of Ireland Act 1920 divided Ireland into Northern Ireland and Southern Ireland, each with its own Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What happened to the Southern Ireland Parliament?

A

The Southern Ireland Parliament never formed; the south gained Dominion status in 1922.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What was the Stormont Parliament?

A

Northern Ireland had its own legislature (Stormont Parliament) from 1922 to 1972.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What led to the suspension of the Stormont Parliament?

A

Sectarian violence, known as ‘The Troubles’, led to the Stormont Parliament’s suspension in 1972.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What did the 1973 Northern Ireland Constitution Act create?

A

The 1973 Northern Ireland Constitution Act abolished the Stormont Parliament and created the Northern Ireland Assembly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What was the outcome of the Northern Ireland Assembly in 1974?

A

The Assembly collapsed in 1974, and the 1974 Northern Ireland Act dissolved it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What did the Good Friday Agreement achieve?

A

The Good Friday Agreement (1998) ended the Troubles and led to the Northern Ireland Act 1998, devolving legislative power to a new Northern Ireland Assembly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What challenges has the Northern Ireland Assembly faced?

A

The Northern Ireland executive has experienced periods of collapse and reconstitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How does devolution in the UK differ from federalism?

A

Devolution in the UK contrasts with a federal state as the UK Parliament remains sovereign and can revoke devolved powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is devolution?

A

Devolution is the delegation of powers from a central government to regional or local authorities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is federalism?

A

Federalism divides powers between different levels of government, each with its own sphere of authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What challenges does England present for a federal structure?

A

England’s large population and lack of appetite for a separate parliament present challenges for a potential federal UK structure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What was the aim of the Scotland Act 1978?

A

The Scotland Act 1978 aimed to create a devolved assembly, subject to a referendum.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What was the outcome of the Scotland Act 1978 referendum?
The referendum passed but failed to reach the required 40% of eligible voters.
26
What established the Scottish Parliament?
Following a 1997 referendum, the Scotland Act 1998 established the Scottish Parliament and Executive.
27
What did the Scotland Act 2016 accomplish?
The Scotland Act 2016 made the Scottish Parliament and Government permanent.
28
How many Members does the Scottish Parliament have?
The Scottish Parliament has 129 Members (MSPs)—73 constituency members and 56 regional members.
29
What are the voting eligibility requirements for the Scottish Parliament elections?
16- and 17-year-olds can vote in Scottish Parliament elections.
30
What is the election cycle for the Scottish Parliament?
Elections initially occurred every four years, extended to five by the Scottish Elections (Reform) Act 2020.
31
What conditions can trigger early Scottish elections?
Early elections can be triggered if the First Minister resigns or loses a vote of no confidence.
32
What can the Scottish Parliament pass?
The Scottish Parliament can pass primary legislation, termed Acts of the Scottish Parliament after Royal Assent.
33
What model does the Scotland Act 1998 employ?
The Scotland Act 1998 employs a reserved powers model.
34
What matters can the Scottish Parliament legislate on?
The Scottish Parliament legislates on all matters not explicitly reserved to Westminster.
35
What powers were devolved to Scotland after the 2014 independence referendum?
More powers, including significant tax-raising powers, were devolved to the Scottish Parliament.
36
What taxation powers does the Scottish Parliament have?
The Scottish Parliament can set its own rates for income tax and levy its own Landfill Tax and Land and Buildings Transaction Tax.
37
What outlines the limitations on the Scottish Parliament's legislative competence?
The Scotland Act 1998 outlines limitations on the Scottish Parliament’s legislative competence.
38
What makes an Act of the Scottish Parliament not law?
An Act is not law if it applies to territories beyond Scotland or deals with reserved matters.
39
Can the Scottish Parliament amend UK Acts?
The Scottish Parliament can amend or repeal UK Acts within its devolved competence.
40
What must be stated regarding legislative competence in Scotland?
The minister in charge of a bill and the Presiding Officer must make statements on legislative competence.
41
What is an example of Scottish legislative competence?
A bill on public health falls within the Scottish Parliament's competence, but a bill amending the EUWA 2018 does not.
42
Who heads the Scottish Government?
The Scottish Government is headed by the First Minister.
43
What is the Sewel Convention?
The Sewel Convention states that Westminster would not normally legislate on devolved matters without the consent of the Scottish Parliament.
44
What is the legal status of the Sewel Convention?
The Sewel Convention is not legally enforceable despite statutory recognition.
45
What are Legislative Consent Motions (LCMs)?
Westminster seeks the Scottish Parliament’s consent through LCMs when legislating on devolved matters.
46
What was the outcome of early Welsh devolution attempts?
The Wales Act 1978 provided for a Welsh Assembly subject to a referendum, which was rejected.
47
What established the National Assembly for Wales?
The Government of Wales Act 1998 established the National Assembly for Wales with limited powers.
48
What did the Government of Wales Act 2006 accomplish?
The Act separated the National Assembly into a legislature and an executive, declaring them permanent.
49
What is the Senedd?
The Senedd is the renamed National Assembly for Wales, established by the Senedd and Elections (Wales) Act 2020.
50
How many Members does the Senedd have?
The Senedd has 60 MSs – 40 constituency MSs and 20 regional MSs.
51
What are the voting eligibility requirements for the Senedd elections?
16- and 17-year-olds are eligible to vote in Senedd elections.
52
What powers were granted to the Senedd by the Government of Wales Act 2006?
The Senedd was granted power to pass primary legislation in specified areas following approval in a 2011 referendum.
53
What model did the Wales Act 2017 move to?
The Wales Act 2017 moved Wales to a reserved powers model.
54
What are reserved matters in Wales?
Reserved matters include areas like defence, foreign affairs, and immigration.
55
What taxation powers does the Senedd have?
Since 2018, the Senedd has had powers over Land Transaction Tax and Landfill Disposals Tax.
56
What outlines the legislative competence of the Senedd?
An Act outside the Senedd's competence is not law, similar to the Scottish Parliament.
57
What is an example of a UK Act on a devolved matter in Wales?
A UK Act creating a new criminal offence on a devolved matter can be enforced in Wales without a legislative consent motion.
58
Who leads the Welsh Government?
The Welsh Government is led by the First Minister.
59
What did the Good Friday Agreement provide for Northern Ireland?
The Good Friday Agreement provided a constitutional settlement including a democratically elected assembly with power-sharing.
60
What established the Northern Ireland Assembly?
The Northern Ireland Act 1998 established the Assembly with power to pass primary legislation.
61
What are transferred, reserved, and excepted matters in Northern Ireland?
Transferred matters are all matters not classified as reserved or excepted.
62
What are reserved matters in Northern Ireland?
Reserved matters include firearms, financial services, and broadcasting.
63
What is the legislative competence of the Northern Ireland Assembly?
The Assembly is restricted from amending certain UK Acts and from discriminatory legislation.
64
What is the Sewel Convention in Northern Ireland?
The Sewel Convention applies but lacks express statutory recognition.
65
How many members does the Northern Ireland Assembly have?
The Assembly has 90 members (MLAs), elected through proportional representation.
66
What is the role of the Northern Ireland Executive?
The Executive involves power-sharing between communities.
67
How is the Northern Ireland Executive appointed?
The Assembly appoints the First Minister, deputy First Minister, and ministers.
68
What challenges has devolution faced in Northern Ireland?
The peace process has faced difficulties, with periods of direct rule from Westminster.
69
What is the role of the Supreme Court in devolution?
The Supreme Court determines whether devolved legislation falls within the legislature's competence.
70
Who can refer bills to the Supreme Court?
Law officers can refer bills passed by devolved legislatures to the Supreme Court.
71
What was the outcome of the Agricultural Sector (Wales) Bill case?
The Supreme Court held that the Welsh bill regulating agricultural wages was within competence.
72
What was the outcome of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill case?
The Supreme Court found the bill mostly within competence but subsequent UK legislation rendered many provisions outside competence.
73
What was the outcome of the UN Convention on the Rights of the Child Bill case?
The Supreme Court ruled that provisions allowing courts to strike down UK legislation were outside competence.
74
What was the outcome of the Scottish Independence Referendum Bill case?
The Supreme Court ruled that the bill was outside the Scottish Parliament's competence.
75
What was the outcome of the Imperial Tobacco v Lord Advocate case?
The Supreme Court ruled that the Scottish tobacco display ban was within competence.
76
What is judicial review of devolved legislation?
Acts of devolved legislatures are subject to judicial review on grounds of exceeding legislative competence.
77
What was the outcome of the HM Lord Advocate v Martin case?
The Supreme Court found that a Scottish Act increasing sentencing powers was within competence.
78
What does Section 35 of the Scotland Act 1998 empower?
Section 35 empowers the Secretary of State to block devolved legislation from Royal Assent under specific circumstances.
79
What was the outcome of the Gender Recognition Reform (Scotland) Bill and Section 35?
The Bill was blocked by a Section 35 order, which was upheld in court.
80
What facilitates coordination between UK and devolved governments?
The Joint Ministerial Committee (JMC) facilitates coordination and resolves disputes.
81
What does Section 35 of the Scotland Act 1998 empower the Secretary of State to do?
It empowers the Secretary of State to block devolved legislation from Royal Assent under specific circumstances.
82
What happened to the Gender Recognition Reform (Scotland) Bill?
The Bill making it easier for Scottish residents to obtain a Gender Recognition Certificate was blocked by a Section 35 order, which was upheld in court.
83
What is the purpose of the Joint Ministerial Committee (JMC)?
The JMC facilitates coordination, addressing non-devolved matters, and resolving disputes.
84
What is the aim of the UK Internal Market Act 2020?
The Act aims to prevent internal UK trade barriers after Brexit, based on mutual recognition and non-discrimination principles. ## Footnote It has faced criticism from devolved governments.

ELS & Constitutional Law (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions