Status of the Devolved Institutions and their Relationship with Westminster Flashcards
(10 cards)
Which of the following statements best describes the constitutional status of the devolved institutions?
A. They are statutory bodies created by Acts of Parliament and lack constitutional sovereignty
B. They are independent parliaments with full legislative autonomy
C. They can override Acts of the UK Parliament in devolved areas
D. They are immune from repeal by Westminster
A. They are statutory bodies created by Acts of Parliament and lack constitutional sovereignty
Explanation: Devolved bodies like the Scottish Parliament and Senedd Cymru exist due to Acts of Parliament and do not possess independent sovereignty.
What is the main function of the Sewel Convention?
A. It legally prohibits Westminster from legislating in devolved areas
B. It sets out a political convention that Westminster will not normally legislate on devolved matters without consent
C. It defines the scope of foreign affairs in devolved nations
D. It requires referenda to pass laws in Scotland or Wales
B. It sets out a political convention that Westminster will not normally legislate on devolved matters without consent
Explanation: The Sewel Convention is not legally binding, but it reflects a political expectation of respect for devolution.
Which of the following areas is typically a reserved matter for the UK Parliament?
A. Health
B. Housing
C. Education
D. Defence
D. Defence
Explanation: Areas like defence, foreign affairs, immigration, and constitutional matters are reserved and remain under Westminster control.
The Senedd passes a law on housing that conflicts with a new UK-wide Act. Which law takes precedence?
A. The Senedd’s law prevails because housing is devolved
B. The UK Act prevails because Westminster is legally sovereign
C. Both apply equally and create dual obligations
D. The courts must invalidate the UK Act due to lack of consent
B. The UK Act prevails because Westminster is legally sovereign
Explanation: Although housing is a devolved area, Westminster retains ultimate legal authority, even over devolved issues.
What happens if a devolved legislature refuses to grant a legislative consent motion under the Sewel Convention?
A. The UK Act is automatically invalid in that devolved nation
B. The UK Parliament may still legislate legally, but it breaches political convention
C. The devolved institution can issue a declaration of incompatibility
D. Judicial review will block the law from applying
B. The UK Parliament may still legislate legally, but it breaches political convention
Explanation: The Sewel Convention is non-binding, so Westminster may proceed legally, even without devolved consent.
Why did the UK Internal Market Act 2020 raise concern among devolved governments?
A. It prevented any future devolution
B. It gave devolved governments new powers
C. It abolished the Sewel Convention
D. It imposed UK-wide market rules that constrained devolved policy choices
D. It imposed UK-wide market rules that constrained devolved policy choices
Explanation: The Act created a centralised regulatory framework seen by devolved institutions as undermining their autonomy.
What is the “reserved powers model” of devolution?
A. Devolved legislatures can legislate on anything unless it is expressly reserved
B. Devolved legislatures must seek consent for all new laws
C. Westminster must delegate powers each time by statutory instrument
D. Reserved powers are shared between devolved bodies and Westminster
A. Devolved legislatures can legislate on anything unless it is expressly reserved
Explanation: This model (used in Scotland and Wales) means power is devolved by default, except where Westminster has explicitly retained authority.
Which principle did the Supreme Court reaffirm in Miller I [2017] regarding the Sewel Convention?
A. The convention is legally enforceable in all courts
B. The devolved institutions have final say on Brexit
C. The convention is a political rule and not legally binding
D. Westminster must hold referenda to legislate in devolved areas
C. The convention is a political rule and not legally binding
Explanation: The Court held that the Sewel Convention cannot be enforced by courts, affirming Parliament’s legal supremacy.
A devolved legislature enacts a law on immigration. What is the likely legal outcome?
A. The law is valid if passed unanimously
B. The law will be enforced only if approved by the courts
C. The law is outside competence and may be struck down
D. The law creates a new UK-wide standard
C. The law is outside competence and may be struck down
Explanation: Immigration is a reserved matter, so any legislation by a devolved body on that topic is ultra vires and invalid.
Why are the devolved legislatures said to be politically, but not legally, entrenched?
A. Because they cannot be abolished without a UK-wide referendum
B. Because Parliament cannot legally repeal the Acts that created them
C. Because they are protected by international law
D. Because abolishing them would be lawful but politically unacceptable
D. Because abolishing them would be lawful but politically unacceptable
Explanation: Parliament has the legal authority to abolish or limit devolved institutions, but doing so would cause major political crisis and public backlash — hence, they are politically entrenched, not constitutionally immune.
