Territorial constitution Flashcards
(33 cards)
Multipolar system
multiple executives and legislatures
Different types of state?
Unitary
Union
state of unions
Unitary state
one unambiguous political centre which has economic dominance - all institutions under control of centre
Union state
standardisation generally but is difference between countries and regions - also survival if pre-existing frameworks
State of unions
asymmetrical arrangements and relationships between different countries
what is devolution
transfer of powers from westminster to regional bodies which are subordinate to
federalism
sub national territories arw within their defined spheres of powers
neither central or sub national units can override others powers
types of devolution
Legislative - reserved or conferred
executive - secondary leg
administrative - decisions in territorial depts (combined authorities/mayors)
systems of devo
asymmetrical
devolution all round
quasi federal incoming?
past 25yrs seen growth of features like shared or self rule
decentralisation?
after brexit more powers beibg given to westminster
unstable constituon?
Independence claims
unification of ireland
different interpretations of UK constitution
unitary nation state
plurinational nation - family of nations on voluntary membership and recognition of popular sov in each part
scotland act 1998
scotland act 1998 - reserved powers, can challenge UK parl in scottish law, acts of scottish parl
must be compatible to ECHR
if outside competence not law
scottish parl can amend some acts of parl where they affect scotland
kilbrandon commission
rejected federalism - size of units and risked gridlock between eng parl and westminster
split on devolution due to form but agreed central gov overloaded
edinburgh agreement
two govs committed to work together constructively - was before indy ref
Scotland act 2016
informed by smith commission
scot gov and parl permanent - not to be abolished apart from due to the result of a referendum
codified sewell convention
devolution of certain justice areas like british transport police and tribunals in reserved areas
1998 gov of wales act
created national assembly
exec devolution
conferred powers
AMS
Wales act 2017
reserved powers - long and covers justice
welsh assembly now called sennes cymru
coming next phase(5)
increase in membership
possible phase 6?
commission on justice in wales
- wants legislative devo of justice
- responsibility for gov justice functions given to welsh gov
- law of wales
- high court and COA of wales
- similar to scot + NI for appointing
NI act 98/ good friday agreement
NI can leave union if majority vote to leave in referendum
treaty between UK and irish govs
multi party agreement between 2 govs and 8 parties in NI
is internal and external agreeement
Northern ireland protocol
NI remains part of UK and EU single market
consociational government factors needed and academic
Lijphart
grand coalition
mutual or minority veto
territorial decision
proportionality
