Devolution Flashcards
(18 cards)
Does the UK parliament need to seek the consent of devolved legislatures before it legislates on them?
No legal obligation for consent, but by convention will not legislate on devolved matters without consent
What is a legislative consent motion?
Formal motion passed by a devolved legislature to agree to the UK parliament legislating on a matter in devolved competence
Can the UK Parliament pass Acts covering all of the UK even if a devolved legislature opposes?
Yes - sovereign notwithstanding devolution
What is the Sewel convention?
UK parliament will not normally legislate on a devolved matter without consent
What is the enrolled act rule?
A legal principle which prevents courts from challenging the validity of an act of parliament after it has been passed by both Houses and has royal assent
What do devolved legislatures have power to do?
Can pass legislation on all matters that are not explicitly reserved to Westminster
Can a devolved bill amend a UK act of Parliament?
Yes, unless the subject matter is outside of legislative competence
What kind of area is defence?
reserved matter
What can the AG do if there is any contention about an area of legislative competence?
Ask the Supreme Court to determine
If a court is judging on an issue of competence regarding devolution, how should they interpret any sections?
If possible, interpret in accordance with devolution legislation
Can a devolved legislature pass a bill which the UK government is not a fan of?
Yes - but bear in mind that the the UK parliament is sovereign so could pass legislation to overrule the bill
Can the Sewel Convention be enforced in UK courts, as it now is in s28 of the Scotland Act?
No - it is still a constitutional convention and not enforceable
What is devolved legislation?
Legislation produced by the three devolved Parliaments or Assemblies
What are all devolved laws still subject to?
review by the Supreme Court
What is a reserved matter? Give some examples
Decisions still taken in Westminster, immigration, defence, foreign policy
Who has responsibility for fiscal policy / public expenditure?
Treasury
What is the general rule on devolution in Scotland?
Acts of Parliament (UK) only extend to Scotland when the deal with non-devolved matters
Are Scotland, Northern Ireland and Wales a separate legal jurisdiction from England?
Wales is not, others are.
