Supreme Court Devolution

Question 1

What can and can’t the Scottish government do with devolution powers

Answer 1

Though it has wide law making powers, it cannot legislate in reserved matters - nor can it adopt interpretations of UK laws that parliament did not intend

Question 2

What did the Supreme Court rule about the Scottish Parliament

Answer 2

That it had acted beyond its legal powers by interpreting the Equality Act in a way that conflicted with Parliament’s meaning

Question 3

What did the case highlight

Answer 3

That the Scottish Parliament and government are not sovereign bodies-ultimate authority remains its the UK Parliament

Question 4

What does it mean by Scotland has Wide Law making powers

Answer 4

That the Scottish Parliament can pass laws on many issues, like health, education, and housing - these are called devolved matters

Question 5

What topics are Reserved Matters

Answer 5

Defence, immigration, foreign policy, the constitution

Question 6

When can Scotland not make laws on a topic

Answer 6

If it’s a UK-reserved topic, it must respect how UK laws are meant to be understood, without twisting or redefining them

Question 7

Give an example of a case which involved Scottish devolution and the Supreme Court

Answer 7

The Scottish independence referendum bill (2022-23), Scotland wanted to hold a second independence referendum

Question 8

Can the Scottish Parliament make the decision to break away from the UK?

Answer 8

No, only the UK Parliament has the authority to legislate on independence or the break up of the UK

Question 9

What did the Supreme Court respond to the Scottish Referendum case in 2022

Answer 9

It unanimously ruled that the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence without the Uk government’s consent