Academic law > Con & Ad - devolution > Flashcards

Con & Ad - devolution Flashcards

(79 cards)

Study These Flashcards
1
Q

Act that established the Scottish Parliament? What else did it establish?

A

Scotland Act 1998.
Also established the Scottish Executive

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

Legislative powers of the Scottish Parliament?

A

Can pass primary legislation

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

Scotland

Meaning of devolved/ reserved?

A

Scottish Parliament has the power to legislate on all matters that are not expressly reserved to Westminster

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

Devolved matters in Scotland examples? (4)

A
  • education
  • criminal/ civil legal system
  • local government
  • health
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Reserved matters examples? (3)

A
  • foreign policy
  • constitution
  • defence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Key further power devolved to Scotland after referendum?

A

Significant tax-raising powers

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

‘Scotland Act 1998 provides than an Act of the Scottish Parliament is not law so far as……’

A

Any of its provisions are outside the legislative competence of the Parliament

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

Matters that fall outside of Scottish Parliament’s legislative competence?

A

Anything that would:
* form part of the law of any territory other than Scotland
* relate to reserved matters
* modify certain enactments (largely constitutional stuff, e.g. HRA, or EUWA)
* be incompatible with ECHR/ EU law

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

Can Scottish Parliament amend/ repeal Acts of the UK Parliament?
Application?

A

Yes, provided subject matter falls within legislative competence.
Would be effective only in relation to Scotland

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

Statement re. legislative competence of a bill?

A

a) one made by the minister in charge
b) one made by The Presiding Officer

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

Legislative competence in Scotland

Significance of Presiding Officer’s statement?

A

Might indicate that, in their opinion, bill is outside legislative competence.
Does not preclude the bill from proceeding.

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

Legislative competence in Scotland

If the two statements clash?

A

Neither opinion conclusive - the Advocate General, the Lord Advocate or the Attorney General can refer questions re. legislative competence of any particular bill to the Supreme Court

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

Legislative competence

Point in the Scotland Act re. construction?

A

Where a provision could be read as falling outside legislative competence, should be construed narrowly to allow it to be within, if such a reading is possible

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

Scottish government

Appointment of the First Minister?

A

Normally leader of the largest party, appointed by the monarch

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

What is the role of Attorney General in the UK government?

A

Chief legal adviser

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

Scottish government

Who is the Lord Advocate?

A

Equivalent to Attorney General of the UK

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

Scottish government

What is the Sewel Convention?
Present in legislation?

A

Westminster would not normally legislate on devolved matters in Scotland without the consent of the Scottish Parliament.
Yes - Scotland Act 2016 added provision to 1998 Act

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

Effect of Sewel Convention on Parliamentary Sovereignty?

A

Parliamentary sovereignty unaffected by the Sewel Convention - won’t be policed by the courts.

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

Devolution in Scotland

What is a Legislative Consent Motion?
Example of when likely to be passed?

A

Means by which Scottish Parliament gives its consent to UK Parliament legislation on devolved matters.
e.g. where an Act pertains to both devolved and reserved matters e.g. because it deals with technical issues that are sensibly handled on a UK-wide basis. Avoids need for two pieces of legislation.

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

Wales

How the 1998 Government of Wales Act came about?

A

Via a referendum

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

Effect of the Government of Wales Act 1998?

A

Established National Assembly of Wales

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

Key original difference between devolution in Wales v devolution in Scotland? Still the case?

A

‘Conferred powers’ model rather than ‘reserved powers’ model - i.e. limited powers of the National Assembly to those specifically granted to it.
Wales has moved to reserved model.

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

Effect of the Government of Wales Act 2006?

A

Created two branches - legislature and executive.

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

Constitutional status of the Welsh Government/ National Assembly and Scottish Government/ Scottish Parliament - i.e. possible to abolish?

A

Only following a referendum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Minimum voting age for the Welsh Senedd?
16
26
How many Members of the Welsh Parliament?
60
27
# Scottish Parliament Frequency of elections?
Every five years
28
# Scottish/ Welsh Parliaments Circumstances which would lead to an 'extraordinary election' in Scotland? In Wales?
If two thirds of MSPs vote in favour, or First Minister is not nominated within **28 days** of an election due to: a) First Minister resigning or otherwise ceasing to be First Minister b) First Minister ceasing to be an MSP
29
# Scottish Parliament How does an extraordinary election affect due date of an ordinary general election?
Usually wouldn't - would be in addition, unless it takes place less than **six months** before an ordinary election due to take place, in which case ordinary election cancelled.
30
# Welsh Parliament Three changes to come into place after May 2026?
* All MSs to be elected via PR * Number of MSs increased to 96 * Timing of elections to be increased to once every four years
31
# Welsh Senedd Current frequency of elections in Wales? Frequency after May 2026?
* Every five years * Every four years
32
# Welsh Senedd Possibility for an extraordinary election in Wales?
Yes, similar circumstances to one happening in Scotland
33
# Welsh Senedd Legislative powers of the Senedd? Process?
Can pass primary legislation. Must pass a bill, which will become an Act on receipt of royal assent
34
# Senedd Process by which provisions extending National Assembly's powers came into force?
Approved in a referendum
35
# Reserved matters Reserved matters common to all three jurisdictions? (4)
* Immigation * Foreign affairs * Defence * Consitutional matters
36
# Senedd Reserved matter particular to Wales?
Criminal justice.
37
# Senedd Any powers of taxation?
Land Transaction Tax (equivalent of SDLT) Landfill Disposals Tax
38
# Senedd Effect of an Act outside Senedd's legislative competence?
Not law
39
What's a Presiding Officer?
Equivalent of **Speaker of the House**
40
# Legislative competence - Senedd Statements of competence? (3)
* Similar process to Scotland: minister and Presiding Officer both make statements. * Counsel General or Attorney General can refer to Supreme Court * Similar provisions re. construction/ interpretation
41
# Senedd Process for bill becoming law?
**1) consideration and agreement of the bill’s general principles** (vote) **2) detailed consideration of bill and any changes by committe** **3) detailed consideration of bill and any changes by Senedd** (vote on the amendments) (report stage for more amendments (if required -optional stage)) **4) vote on final text**
42
What is a 'private bill'?
Can be introduced to alter the law as it applies to specific individuals or bodies (Wales and UK)
43
# Senedd What types of legislation can Senedd pass? (4)
1) Government bills 2) Members bills 3) Private bills 4) Secondary legislation
44
# Senedd When will secondary legislation come into effect under affirmative procedure?
Only if approved by the Senedd
45
# Senedd When will secondary legislation come into effect under negative procedure?
Unless MSs object to it within **40 days** of draft being laid before the Senedd
46
# Welsh government Make up? Appointments?
First Minister, appointed by the Monarch **after being nominated by the Senedd** First Minister recommends Counsel General to the Welsh Government, and up to 12 Welsh ministers.
47
# Welsh government What's the Counsel General to the Welsh Government?
Equivalent of the attorney general
48
How is the First Minister appointed in Wales?
By the Monarch, **after having been nominated by the Senedd**
49
# Northern Ireland Three bodies set out in the GFA?
* power sharing executive * North/South Ministerial Council * British-Irish Council
50
# Northern Ireland Make up of the British-Irish Council
Representatives from British and Irish governments, devolved administrations, and Isle of Man, Guernsey, and Jersey
51
# Northern Ireland 'reserved' or 'conferred' model? Name?
Follows reserved powers model, but calls them 'transferred' powers. Non-transferred powers are either 'reserved' or 'excepted'.
52
# Northern Ireland 1. What's a 'reserved matter' in NI? 2. What's an 'excepted matter' in NI?
1. Areas where NI Assembly can legislate with the consent of the Secretary of State, and may be devolved in future 2. Remain with UK government indefinitely
53
# Northern Ireland Examples of 'reserved matters'
* Firearms and explosives * Financial services * Pensions regulation * Broadcasting
54
# Northern Ireland Are policing and criminal justice a) reserved; b) excepted; or c) transferred?
Transferred
55
# Northern Ireland Statements bfore introduction?
Minister in charge must make a statement of competence. **Presiding Officer must refer to the Secretary of State any bill that they consider relates to a reserved matter**.
56
# Northern Ireland Legislation that Assembly can't amend?
HRA Northern Ireland Act ECA (before transition period)
57
# Northern Ireland - legislative competence Equality provisons NIA
Legislation that discriminates against any person or class of person on the ground of religious belief **or political opinion** is outside the Assembly’s competence
58
# Northern Ireland - legislative competence Sewel Convention?
Yes, but not enshrined in law
59
# Northern Ireland How many MLAs?
90
60
# Northern Ireland Frequency of elections?
Every five years
61
# Northern Ireland Extraordinary elections?
If two thirds of MLAs vote in favour, or ministerial officers are not filled within the requisite time limit.
62
# Northern Ireland Appointment of ministers after an assembly election. Any wriggle room?
* Assembly must appoint a First Minister, Deputy FM, and Northern Ireland ministers **within 14 days** after first meeting of the Assembly following an election. * Deadline can be extended
63
# Northern Ireland Relative status of FM and DFM. Effect of resignation?
Have equal status. If one resigns, the other also ceases to hold office.
64
# Northern Ireland How many 'political designations' are there? What are they?
1) Nationalist 2) Unionist 3) Other
65
# Northern Ireland How are FM/ DFM nominated?
1. FM nominee of the largest political party of the largest political designation 2. DFM nominee of the largest political party of the second largest political designation
66
# Northern Ireland Appointment of ministers
* **FM and DFM decide number of ministerial officers; can't exceed 10 without Secretary of State's consent** * Appointed by the Assembly based on share of seats held by political parties; except * **Minister of Justice appointed by cross-community Assembly vote**
67
# Role of the Supreme Court Three ways in which a specific question of legislative competence can come before the Supreme Court.
* reference by a devolved or UK law officer (including Attorney General) - **can refer a bill that has passed through the legislature but not received Royal Assent** * **appeal from certain higher courts** in the four nations * **reference from certain appellate courts**
68
# Role of the Supreme Court Principle in Agricultural Sector (Wales Bill)
Devolution legislation did not require that a provision should only be capable of being characterised as relating to a devolved matter. - Sufficient that agriculatural bill was relevant to agriulture (devolved) even if it also had an impact on non-devolved matter.
69
# Role of the Supreme Court Possible to refer a **draft** bill to the Supreme Court? Case law? | Reference by a legal officer
Yes, case re. a possible second Scottish Referendum
70
# Role of the Supreme Court Extent of Supreme Court's powers to rule on Acts of the devolved legislatures? Limitations? | Appeals from an appellate/ superior court
Can hear **challenges relating to legislative competence only** - can't be challenged on grounds like irrationality, as would be inappropriate for judges to substitute their opinions
71
# Role of the Supreme Court s 35 of the Scotland Act 1998? Anything equivalient in Wales?
Grants SoS for Scotland power, in specific circumstancees, to prevent legislation enacted by Socttish Parliament being submitted for royal assent, even if a devolved matter. Yes, s 114 Government of Wales Act
72
# Relationship between UK gvt and devolved administrations Relevant framework?
There's a three-tier 'intergovernmental relations' (IGR) structure
73
# Relationship between UK gvt and devolved administrations Three tiers?
1. Prime Minister and Heads of Devolved Government Council 2. Interministerial Standing Committee and Finance Interministerial Standing Committee 3. Interministerial Groups
74
# Relationship between UK gvt and devolved administrations Role of the top tier of the IGR structure?
* 'the Council' of Heads of gvt - considers strategic issues affecting UK, and provides direction to the wider structure
75
# Relationship between UK gvt and devolved administrations Role of the middle tier of the IGR structure?
* Committees (two permanent and some time limited) * Standing committee addresses strategic matters * Finance standing committee focuses on fiscal issues
76
# Relationship between UK gvt and devolved administrations Role of the lowers tier of the IGR stucture?
* Interministerial groups * facilitate regular portfolio-level discussion between departmental ministers and cover devolved areas, and reserved areas that impact on devolved matters
77
# Relationship between UK gvt and devolved administrations Three other bodies/ initiatives?
1. **Intergovernmental Secretariat** - administrative support for intergovernmental meetings/ drafts annual reports. Accountable to the Council 2. **Common frameworks** - agreed to faciliate coordination and manage divergence in devolved policy areas previously covered by EU law 3. **Council of Nations and Regions**
78
# Relationship between UK gvt and devolved administrations What is the Council of Nations and Regions?
Includes: * PM * Devolved First Ministers (and DFM for NI) * English metro mayors Purpose is to promote collaboration and share best practice.
79
# Relationship between UK gvt and devolved administrations Dispute Resolution?
Formal dispute resolution mechanism to prevent escalation/ encourage cooperation between gvts. Disagreements should be resolved at portfolio level wherever possible; mediation should be sought before the start of a formal procedure
Academic law
flashcards
Decks in class (51)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions