Devolution Has Brought UK Closer To The Federal System Of Gov Found In The US Flashcards
(30 cards)
What is federalism ?
-power id shared between central gov + regional gov
-both levels have authority over certain matters + powers outlined in constitution
What is devolution?
-transferring powers + responsibilities from central government to regional/local gov
-allows regional/local authorities have more control over certain areas of governance without changeing overall structure of state
What is one area of comparison between the two - federal and devolution?
-US federal - based on principle of dual sovereignty with two autonomous levels of gov (national/federal + regional/state
-UK devolved - unitary state with some devolved powers to nations + cities
What is the significance of the UK having regional/local authorities with devolved powers?
-devolution granted powers to regional gov Scot, wales + NI - similar to federal distribution to state/provincial gov
What are examples of these devolved powers to regional gov?
-Scotland (under Scot act 1998) has own parl with powers over wares like education, health + justice
-Scot gov passed smoking, health + social care act 2005
-wales + NI own devolved assemblies with varying degrees of legislative powers
What are the devolved regions legal systems like following devolution?
-own developed legal + political systems in some areas - mainly Scotland
-own political party - SNP advocating for Scot independence unique for Scotland
How is this similar to the US?
-each state has own laws + system of governance although share a common constitution with central gov
How does transference of powers to regional gov make UK more like a federal state?
-powers devolved regions have - education, health, justice - typically areas where federal systems allow states to make their own laws + policies on
-Scot parl authority to legislate on wide range of issues independently from UK parl
What have critics argued when these powers have expanded?
-the increasing autonomy of regional gov makes UK more federal where states or provinces constitutionally protected authority over certain areas
-but UK parl still remains sovereign
What is the impact of the tenth amendment?
-US federal system where power shared between central + individual gov - any powers now given to federal gov are given to states or people
-states have constitutionally protected authority
How is this different in the UK?
-unitary state meaning ultimate power resides with UK parl
-parl can alter or revoke powers devolved as not protected by the constitution - parl sovereignty
What are the wider aspects of federalism and devolution? - 2
-federalism = ‘elastic clause’ + role of SC settling clashes between state + federal gov
-devolution = limitations on parl sovereignty as parl no longer sovereign over Scot + wales following COVID
How does devolution impose a limitation upon the sovereignty of parliament?
-parl retains legal ability alter or revoke devolved powers it can’t wait intervene in day to day governance of devolved regions
-regional gov signif authority to legislate + make decisions within devolved areas
What is an example of this.
-Scot parl power raise taxes, set education policies + decide on healthcare reforms independent process Westminster’s involvement — Covid Scot mandatory face covering in indoor public spaces such as shops earlier than eng
-creates divisions of powers between central + regional gov
How does this highlight the UK becoming more federal?
-similar to the tenth amendment where constitutionally the states + the people have right to govern themselves with the powers reserved by the federal government
-uk parl less involved with regional affairs similar to the US central gov and the state gov
What is the elastic clause in the US?
-provides Congress with flexibility to pass laws no explicitly listed in constitution allowing address issues FF could not have foreseen as constitution product of its time + how FF intended it
-central to expansion of federal power + cited in debates about balance of power between central + state gov
How does the elastic clause cause tensions over the meaning of federalism?
-used to justify federal actions in areas considered state responsibilities like education, healthcare + policing
What is an example of this?
-civil rights act 1964 passed under elastic clause limiting state autonomy by imposing federal standards on issues such as segregation
-ongoing debate about federal power ends + state power begins - federalism an evolving concept + not fixed framework similar to devolution
What is another argument in relation to the UK becoming more federalist? - 3
-US federal gov has grown since 1930s over econ, education, health + welfare
-UK moves towards devolution regions created a ‘quasi-federalism’
-differences between the two are diminishing
What is quasi-federalism
-both federal + unitary not fully qualifying as either
-involved central authority retaining ultimate sovereignty but granted substantial autonomy to regional gov
-but poses not constitutionally guaranteed + often be revoked or altered by central authority
What are key features of quasi-federalism?
-decentralised governance with retained central sovereignty
-no constitutional guarantee of autonomy
What is the feature of decentralised governance with retained central sovereignty?
-signif powers devolved to regional gov allowing them legislate + govern in specific areas
-unlike in federal system the central gov can override or reclaim these powers
What is an example of this feature?
-Scot from 1998 operates independence allowing them tailor policies to their specific needs
-e.g. abolished uni tuition fees for Scot students - policy distinct from eng where fees are in excess of 9k per year
What is the feature of no constitutional guarantee of autonomy?
-regional autonomy often granted through statutes or pol agreements rather than entrenched in constitution
-central gov retains legal right amend or revoke devolved powers
