6. Devolution Flashcards
In addition to a vote of the UK Parliament, what is required to abolish the institutions of government in Scotland and Wales specifically?
A referendum of the people of the relevant country
What is required under the Sewell Convention and does it have any more than honorary effect?
If UK Parliament is going to legislate on a matter devolved to Scotland, Wales, or Northern Ireland, they will normally seek the consent of the relevant institution via a legislative consent motion.
Essentially honorary, UK Parliament can still proceed even without consent.
Can legislation passed by a devolved legislature be struck down by the courts?
Yes
In what two instances can the courts of a devolved legislature refer a matter to the Supreme Court?
If the devolved institution:
- Acts outside their legislative competence, i.e. legislates on non-delegated matters, or
- Legislates contrary to ECHR
Since leaving the EU, what are devolved legislatures free to legislate on and what is it subject to?
Legislate contrary to EU law as long as it falls within their legislative competence,
- Subject to UK Parliament outlining specific areas of EU law that devolved institutions cannot modify.
When can a bill of a devolved legislature be referred to the Supreme Court, and for what reason?
In between passing all stages in the devolved legislature and receiving Royal Assent, for the purpose of determining whether it falls within the devolved legislature’s legislative competence
In each of (1) Northern Ireland, (2) Scotland, and (3) Wales, who can refer a devolved government bill to the Supreme Court?
- Northern Ireland: Advocate General and Attorney General
- Scotland: Lord Advocate, Advocate General and Attorney General
- Wales: Counsel General and Attorney General
What are reserved matters that the Northern Ireland Assembly cannot legislate on?
- Explosives and Firearms
- Financial services
- Pension regulation
- Broadcasting
- Consumer safety
- Intellectual property
In what devolved legislature does the Sewell Covention have no express statutory recognition?
Northern Ireland
Before introducing a bill in a devolved legislature, what is the Presiding Officer required to do?
make a statement confirming that the bill is within the legislature’s competence.
What is a legislative consent motion?
means by which devolved legislature agrees with Parliament to pass a law on a devolved matter.
How many members are elected to the Scottish Parliament?
129 members
How many members are elected to the Northern Ireland Assembly, and how does its composition differ from other devolved legislatures?
90 members, but its executive branch is uniquely composed of one PM (unionist) and one deputy PM (nationalist) that effectively share power.
- Government ministers are nominated by the legislative arm.
How are Northern Ireland’s legislative powers distinct from other devolved legislatures?
cannot legislate on laws discriminating on the basis of religious belief and political opinion, and criminal law relating to terrorism.
How is the Northern Ireland Act distinct from that pertaining to other devolved legislatures?
nothing in the Act itself precludes N.I Assembly from legislating on the Act.
