Constitutional and Administrative Law - Devolution Flashcards
Permanence - Scotland and Wales
Scottish Parliament, Scottish Government, Welsh Parliament and Welsh Government cannot be abolished unless the people vote in favour of abolition at a referendum
Permanence - Northern Ireland
Cross party agreement to create Northern Ireland Assembly and Northern Ireland Executive. Under Good Friday agreement this Assembly and Executive govern Northern Ireland. If a majority of people in NI wish to join the ROI a referendum needs to be held
Sewel Convention
UK Parliament can still legislate on matters affecting the devolved nations. Power is subject to the Sewel Convention which provides that if the UK Parliament is going to do this then the consent of the affected institutions is normally required via a ‘legislative consent motion’. However, normally suggests that the UK Parliament could still legally do so without the devolved nation’s consent
Concerns that Bill going through Scottish Parliament is outside legislative competence. Who can refer the Bill to the Supreme Court?
Advocate General for Scotland, Attorney General and Lord Advocate