devolution

Question 1

devolution overview

Answer 1

1. UK before devolution
2. devolution acts 1998 structure and purpose
3. post devolution UK pros
4. post devolution UK cons
5. westminster supremacy and limits
6. federalism
7. current uk v ferderalism
8. federal like feature of current uk
9. quasi federalism right now
10. becoming federalist pros
11. becoming federalist cons
12. future predictions and middle ground solutions

Question 8

Front

Answer 8

Back

Question 9

What is Devolution?

Answer 9

Delegation of powers from central government to subordinate regional institutions (Turpin & Tomkins). Born out of pragmatic necessity in the UK, not constitutional theory.

Question 10

Federalism vs Devolution

Answer 10

Federalism (Wheare): Sovereignty constitutionally divided between central and state governments. Devolution: Delegated powers, constitutionally subordinate (Turpin & Tomkins).

Question 11

Royal Commission on the Constitution (1973)

Answer 11

Rejected federalism, recommended devolution. Recognised rising national identities.

Question 12

1998 Devolution Acts

Answer 12

Scotland Act 1998, Government of Wales Act 1998, Northern Ireland Act 1998. Established legislative bodies with varying powers.

Question 13

Constitutional Status of Devolution Acts

Answer 13

Recognised as ‘constitutional statutes’ in Thoburn v Sunderland. Cannot be impliedly repealed.

Question 14

Post-Devolution UK: Strengthening Effects

Answer 14

Policy innovation, local responsiveness, McEwen: IGR promotes consensualism, Jeff King: broadened public law.

Question 15

AXA General Insurance v Lord Advocate

Answer 15

Scottish Parliament’s acts reviewable, but only on limited grounds. Confirms subordinate but functional autonomy.

Question 16

COVID-19 and Devolution

Answer 16

Devolved governments exercised practical autonomy. Public health divergence showed effective decentralisation.

Question 17

Internal Market Act 2020

Answer 17

Recentralised power. Undermined devolved autonomy. Mark Elliott: ‘Recentralisation by stealth’.

Question 18

Quasi-Federalism (Bogdanor)

Answer 18

Describes UK’s political reality but not legal form. Legally unitary, politically decentralised.

Question 19

McEldowney on Federalism

Answer 19

Distinguishes delegated powers (devolution) from sovereign powers (federalism).

Question 20

EVEL and English Question

Answer 20

MPs from England/Wales consent to laws affecting only them. Attempted to resolve West Lothian Question.

Question 21

Federalism: Core Features (Le Sueur)

Answer 21

1. Share rule, 2. Political autonomy, 3. Checks & balances. Requires entrenched division and constitutional courts.

Question 22

Dunlop Review 2021

Answer 22

Suggested strengthening IGR without formal federalism. Support flexible cooperation.

Question 23

Arguments for Federalism

Answer 23

Clear division of powers, constitutional protection, stability, prevents arbitrary centralisation (Alison Young).

Question 24

Arguments Against Federalism

Answer 24

England's dominance, complexity, risks separatism, recentralisation trend (Dicey, Internal Market Act).

Question 25

Future: Devo-max & Codification

Answer 25

Increase autonomy without full sovereignty, codify Sewel Convention, enhance IGR frameworks (Dunlop).

Question 26

Scottish Devolution: Key Events

Answer 26

1997 referendum, Scotland Act 1998, further powers in 2012 & 2016, SNP instability.

Question 27

Wales Devolution: Key Acts

Answer 27

Government of Wales Act 1998, strengthened in 2006, 2014, 2017. Now reserved powers model.

Question 28

Northern Ireland Devolution

Answer 28

Northern Ireland Act 1998. Three categories: excepted, reserved, and transferred matters.

Question 29

Legal Limits of Devolution

Answer 29

No entrenched sovereignty, powers removable, not protected by a written constitution.

Question 30

Constitutional Comparison

Answer 30

Federal states like US/India: entrenched sovereignty. UK: flexible, lacks constitutional entrenchment.

Question 31

UK Supreme Court’s Role

Answer 31

Cannot strike down primary legislation unlike constitutional courts in federal states.

Question 32

McEwen on IGR

Answer 32

IGR promotes emergency cooperation, shared goals, mitigates territorial conflict.

Question 33

Conclusion on UK Federal Status

Answer 33

UK is formally unitary, functionally federal. Heading towards restricted quasi-federalism, not full federalism.