Territorial constitution II Flashcards
What does the Northern Ireland Act 1998 establish?
The Act anchors the devolution framework, outlines the process for a referendum on unification with the Republic of Ireland, and establishes the Northern Ireland Assembly under Part III.
What was the aim of the Good Friday Agreement?
The aim was to foster peace and power-sharing between Unionist and Nationalist communities in Northern Ireland.
How did the Government of Ireland Act 1920 contribute to Northern Ireland’s historical context?
It marked the beginning of the intricate relationship between Ireland and the UK, leading to the unique power-sharing model in the Northern Ireland Assembly.
What is the Northern Ireland Protocol, and why is it significant?
Part of the EU/UK Withdrawal Agreement, it places Northern Ireland in a distinct position within the EU Single Market, raising debates on its impact on the union and the Good Friday Agreement.
How have recent political tensions in Northern Ireland manifested?
Primarily around the Northern Ireland Protocol, disagreements have led to the suspension of the devolved institutions, highlighting governance and identity challenges.
What does the Cities and Local Government Devolution Act 2016 signify for England?
It signals progress in local governance through the creation of mayoral combined authorities (MCAs), indicating steps towards devolution in England.
What is the “English Question” in the context of UK governance?
It refers to concerns over governance in England, specifically addressing the West Lothian question and the implementation (and later abolition) of the “English votes for English laws” (EVEL) mechanism.
What is the purpose of the Barnett Formula in the UK’s fiscal arrangements?
The Barnett Formula is a mechanism for adjusting public expenditure across Scotland, Wales, and Northern Ireland based on changes in spending in England, highlighting fiscal interconnections within the UK.
What does the Legislative Consent (Sewel Convention) entail?
It suggests that the UK Parliament will not usually legislate on devolved matters without consent from the devolved legislatures, a principle tested in the context of Brexit. This is reflected in Section 28(7) of the Scotland Act 1998 and similar provisions in other devolution statutes.
What was the significance of AXA General Insurance Ltd. v Lord Advocate [2011] UKSC 46?
This case underscored the Supreme Court’s role in interpreting devolution arrangements, affirming the sovereignty of the UK Parliament while addressing the complexities of legislative competence.
What did the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill - A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64 highlight?
It highlighted the Supreme Court’s interpretation of devolution agreements in the context of Brexit, examining the justiciability of the Sewel Convention and the legislative competence of the Scottish Parliament.
How does the Sewel Convention affect legislative competence?
The Sewel Convention suggests that the UK Parliament will not normally legislate on devolved matters without consent from the devolved legislatures, tested in the context of Brexit and significant for understanding legislative boundaries.
What role does the Supreme Court play in the context of devolution and legislative competence?
The Supreme Court plays a crucial role in interpreting devolution agreements, affirming the UK Parliament’s sovereignty, and determining the justiciability of conventions like Sewel within the framework of legislative competence.
