Devolution Flashcards
(22 cards)
Devolution….
…is one of the most impactful changes made to UK constitution in recent times. Completely changed system, often referred to as a union. UK is made up of several constituent nations – Scotland, Wales, Northern Ireland.
Said union is…
…under a large amount of strain and is a source of tension. Record highs of Welsh people wishing for independence, may see one of the constituents break apart and the UK as we know it will no longer stand.
Basic functions of UK const. law
the law which creates, regulates, empowers and controls the institutions and processes of government….
devolution…
branch of UK const law concerned with territorial distribution, exercise and control of public power
Power moves away from Westminster….
and towards Scotland, Wales. All about territorial decentralisation of power.
Before 1997…..
One Government and Parliament for UK, centralised power.
Today….
Northern Ireland Assembly, the UK Parliament, HM Government, The Scottish Parliament….No longer centralised, four governments, four legislators…
No English government or Parliament…
UK gov has retained responsibilities like education and health for England
The devolution ‘process’
1997, New Labour
Scotland is the most powerful devolution, Wales is the weakest, NI sits in the middle. Created through Acts of Parliament, no special process, indicative of the flexibility of the UK constitution. Endorsed by referendums, could be a problem for PS…politically difficult to reverse devolution due to endorsement from the populations in question. Devolution is a process. not an event, the devolved institutions have seen powers expand over the years. Brexit – new, more centralised view – things dont stand still in devolution.
The legislation which founded devolution:
Gov of Wales Act 1998
Scotland Act 1998
Northern Ireland Act 1998
Current statutes:
Gov of Wales Act 2006
Why devolve power?
Growing demands for autonomy, Thatcher era led to alienation from the British state, devolution met the demands of people.
Recognition of multiple national identities, preserves the union (a middle ground, especially Scotland), devolution has a democratic rationale – Wales, majority of people have always voted for a Labour government over the last century, Scotland has often rejected Tory rule. Also preserves PS, grants autonomy while preserving it
Northern Ireland
Prior experience of legislative devolution (1921-72)
Much more historic reasons for devolution – Ending civil troubles
Why not devolve legislative powers?
England, size – Difficult const. questions due to nature of constituencies, the size, etc.
Differing strengths of regional identities – Some parts of England have a strong regional identity, one that is historic and long-standing, others do not.
Relationship between English and UK Parliaments? Lack of popular support for the former, England will remain the anomaly. Failed NE Assembly referendum 2000
Powers – legislative competence
Reserved powers are those that remain in Westminster/with the UK Parliament – everything is devolved, unless it is stated.
Powers must be determined according to the rules of Act in question – Imperial Tobacco v Lord Advocate (2012) UKSC 61
– But UK Parliament retains power to legislate on any matter.
Exclusively reserved for UK Parliament:
Constitution, foreign affairs, defence….Devolved settlements share commonalities such as Transports, housing, education…
Devolved/reserved boundary
Provisions of Acts of the Scottish Parliament are not law if they concern matters outside Scotland or relate to reserved matters, or are incompatible with ECHR rights.
The Sewel Convention
“legislative consent convention”, states that the UK will not normally legislate on devolved institutions unless given consent by said institution.
Supreme Court states this still remains a political convention, despite it being placed into legislation as it is not enforceable in court.
Devolved/reserved boundary example
Scottish Independence Referendum Bill Reference (2022) UKSC 31, wanted to hold a referendum to see where public opinion was. Related to the reserved matters of the union.
Permanence clauses
Found in Scotland Act 1998, Gov of Wales Act 2006…. says they are a permanent part of UK constitutional arrangements and are not to be abolished except on the basis of a decision of the people in Scotland voting in referendum.
Devolution challenges
The democratic deficit, PS, EU withdrawal, etc???
Wales + justice system
England and Wales – const. anomaly, one legal jurisdiction working within two Governments/Parliaments… meaning a single prison system. A Welsh person could be sent to a prison in England and not be enetitled to benefits from Wales due to devolution.
