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ELS & Constitutional Law > Chapter 8 - Devolution > Flashcards

Chapter 8 - Devolution Flashcards

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1
Q

What comprises the United Kingdom?

A

The United Kingdom of Great Britain and Northern Ireland consists of four countries: England, Wales, Scotland, and Northern Ireland.

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2
Q

What was Scotland’s status before the Act of Union 1707?

A

Scotland was independent with its own legal system until the Act of Union 1707.

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3
Q

What did the Act of Union 1707 accomplish?

A

The Act abolished separate parliaments, creating a single Great Britain Parliament.

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4
Q

What distinct systems does Scotland retain?

A

Scotland retains distinct systems in law, education, and local government.

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5
Q

How was Wales incorporated into England?

A

Wales was conquered by Edward I in 1283, and the Laws in Wales Acts 1535–1542 incorporated Wales into England.

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6
Q

What rights were granted to Welsh people by the Laws in Wales Acts?

A

Welsh people were granted the same rights as English subjects and added Welsh constituencies to the House of Commons.

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7
Q

What language became the official language of law in Wales?

A

English became the official language of law in Wales.

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8
Q

What recognition of Wales’ governance occurred in 1964?

A

The Secretary of State for Wales was created in 1964.

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9
Q

What did the Welsh Language Act 1967 allow?

A

The Welsh Language Act 1967 allowed Welsh in legal proceedings.

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10
Q

What was the status of Ireland’s Parliament until 1800?

A

Ireland kept its Parliament until 1800 despite the Crown claiming authority over Ireland from 1541.

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11
Q

What did the Act of Union 1800 do?

A

The Act united the kingdoms, abolishing the Irish Parliament and establishing the legislative supremacy of the Great Britain and Ireland Parliament.

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12
Q

What was established by the Government of Ireland Act 1920?

A

The Government of Ireland Act 1920 divided Ireland into Northern Ireland and Southern Ireland, each with its own Parliament.

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13
Q

What happened to the Southern Ireland Parliament?

A

The Southern Ireland Parliament never formed; the south gained Dominion status in 1922.

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14
Q

What was the Stormont Parliament?

A

Northern Ireland had its own legislature (Stormont Parliament) from 1922 to 1972.

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15
Q

What led to the suspension of the Stormont Parliament?

A

Sectarian violence, known as ‘The Troubles’, led to the Stormont Parliament’s suspension in 1972.

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16
Q

What did the 1973 Northern Ireland Constitution Act create?

A

The 1973 Northern Ireland Constitution Act abolished the Stormont Parliament and created the Northern Ireland Assembly.

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17
Q

What was the outcome of the Northern Ireland Assembly in 1974?

A

The Assembly collapsed in 1974, and the 1974 Northern Ireland Act dissolved it.

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18
Q

What did the Good Friday Agreement achieve?

A

The Good Friday Agreement (1998) ended the Troubles and led to the Northern Ireland Act 1998, devolving legislative power to a new Northern Ireland Assembly.

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19
Q

What challenges has the Northern Ireland Assembly faced?

A

The Northern Ireland executive has experienced periods of collapse and reconstitution.

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20
Q

How does devolution in the UK differ from federalism?

A

Devolution in the UK contrasts with a federal state as the UK Parliament remains sovereign and can revoke devolved powers.

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21
Q

What is devolution?

A

Devolution is the delegation of powers from a central government to regional or local authorities.

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22
Q

What is federalism?

A

Federalism divides powers between different levels of government, each with its own sphere of authority.

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23
Q

What challenges does England present for a federal structure?

A

England’s large population and lack of appetite for a separate parliament present challenges for a potential federal UK structure.

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24
Q

What was the aim of the Scotland Act 1978?

A

The Scotland Act 1978 aimed to create a devolved assembly, subject to a referendum.

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25
Q

What was the outcome of the Scotland Act 1978 referendum?

A

The referendum passed but failed to reach the required 40% of eligible voters.

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26
Q

What established the Scottish Parliament?

A

Following a 1997 referendum, the Scotland Act 1998 established the Scottish Parliament and Executive.

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27
Q

What did the Scotland Act 2016 accomplish?

A

The Scotland Act 2016 made the Scottish Parliament and Government permanent.

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28
Q

How many Members does the Scottish Parliament have?

A

The Scottish Parliament has 129 Members (MSPs)—73 constituency members and 56 regional members.

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29
Q

What are the voting eligibility requirements for the Scottish Parliament elections?

A

16- and 17-year-olds can vote in Scottish Parliament elections.

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30
Q

What is the election cycle for the Scottish Parliament?

A

Elections initially occurred every four years, extended to five by the Scottish Elections (Reform) Act 2020.

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31
Q

What conditions can trigger early Scottish elections?

A

Early elections can be triggered if the First Minister resigns or loses a vote of no confidence.

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32
Q

What can the Scottish Parliament pass?

A

The Scottish Parliament can pass primary legislation, termed Acts of the Scottish Parliament after Royal Assent.

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33
Q

What model does the Scotland Act 1998 employ?

A

The Scotland Act 1998 employs a reserved powers model.

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34
Q

What matters can the Scottish Parliament legislate on?

A

The Scottish Parliament legislates on all matters not explicitly reserved to Westminster.

35
Q

What powers were devolved to Scotland after the 2014 independence referendum?

A

More powers, including significant tax-raising powers, were devolved to the Scottish Parliament.

36
Q

What taxation powers does the Scottish Parliament have?

A

The Scottish Parliament can set its own rates for income tax and levy its own Landfill Tax and Land and Buildings Transaction Tax.

37
Q

What outlines the limitations on the Scottish Parliament’s legislative competence?

A

The Scotland Act 1998 outlines limitations on the Scottish Parliament’s legislative competence.

38
Q

What makes an Act of the Scottish Parliament not law?

A

An Act is not law if it applies to territories beyond Scotland or deals with reserved matters.

39
Q

Can the Scottish Parliament amend UK Acts?

A

The Scottish Parliament can amend or repeal UK Acts within its devolved competence.

40
Q

What must be stated regarding legislative competence in Scotland?

A

The minister in charge of a bill and the Presiding Officer must make statements on legislative competence.

41
Q

What is an example of Scottish legislative competence?

A

A bill on public health falls within the Scottish Parliament’s competence, but a bill amending the EUWA 2018 does not.

42
Q

Who heads the Scottish Government?

A

The Scottish Government is headed by the First Minister.

43
Q

What is the Sewel Convention?

A

The Sewel Convention states that Westminster would not normally legislate on devolved matters without the consent of the Scottish Parliament.

44
Q

What is the legal status of the Sewel Convention?

A

The Sewel Convention is not legally enforceable despite statutory recognition.

45
Q

What are Legislative Consent Motions (LCMs)?

A

Westminster seeks the Scottish Parliament’s consent through LCMs when legislating on devolved matters.

46
Q

What was the outcome of early Welsh devolution attempts?

A

The Wales Act 1978 provided for a Welsh Assembly subject to a referendum, which was rejected.

47
Q

What established the National Assembly for Wales?

A

The Government of Wales Act 1998 established the National Assembly for Wales with limited powers.

48
Q

What did the Government of Wales Act 2006 accomplish?

A

The Act separated the National Assembly into a legislature and an executive, declaring them permanent.

49
Q

What is the Senedd?

A

The Senedd is the renamed National Assembly for Wales, established by the Senedd and Elections (Wales) Act 2020.

50
Q

How many Members does the Senedd have?

A

The Senedd has 60 MSs – 40 constituency MSs and 20 regional MSs.

51
Q

What are the voting eligibility requirements for the Senedd elections?

A

16- and 17-year-olds are eligible to vote in Senedd elections.

52
Q

What powers were granted to the Senedd by the Government of Wales Act 2006?

A

The Senedd was granted power to pass primary legislation in specified areas following approval in a 2011 referendum.

53
Q

What model did the Wales Act 2017 move to?

A

The Wales Act 2017 moved Wales to a reserved powers model.

54
Q

What are reserved matters in Wales?

A

Reserved matters include areas like defence, foreign affairs, and immigration.

55
Q

What taxation powers does the Senedd have?

A

Since 2018, the Senedd has had powers over Land Transaction Tax and Landfill Disposals Tax.

56
Q

What outlines the legislative competence of the Senedd?

A

An Act outside the Senedd’s competence is not law, similar to the Scottish Parliament.

57
Q

What is an example of a UK Act on a devolved matter in Wales?

A

A UK Act creating a new criminal offence on a devolved matter can be enforced in Wales without a legislative consent motion.

58
Q

Who leads the Welsh Government?

A

The Welsh Government is led by the First Minister.

59
Q

What did the Good Friday Agreement provide for Northern Ireland?

A

The Good Friday Agreement provided a constitutional settlement including a democratically elected assembly with power-sharing.

60
Q

What established the Northern Ireland Assembly?

A

The Northern Ireland Act 1998 established the Assembly with power to pass primary legislation.

61
Q

What are transferred, reserved, and excepted matters in Northern Ireland?

A

Transferred matters are all matters not classified as reserved or excepted.

62
Q

What are reserved matters in Northern Ireland?

A

Reserved matters include firearms, financial services, and broadcasting.

63
Q

What is the legislative competence of the Northern Ireland Assembly?

A

The Assembly is restricted from amending certain UK Acts and from discriminatory legislation.

64
Q

What is the Sewel Convention in Northern Ireland?

A

The Sewel Convention applies but lacks express statutory recognition.

65
Q

How many members does the Northern Ireland Assembly have?

A

The Assembly has 90 members (MLAs), elected through proportional representation.

66
Q

What is the role of the Northern Ireland Executive?

A

The Executive involves power-sharing between communities.

67
Q

How is the Northern Ireland Executive appointed?

A

The Assembly appoints the First Minister, deputy First Minister, and ministers.

68
Q

What challenges has devolution faced in Northern Ireland?

A

The peace process has faced difficulties, with periods of direct rule from Westminster.

69
Q

What is the role of the Supreme Court in devolution?

A

The Supreme Court determines whether devolved legislation falls within the legislature’s competence.

70
Q

Who can refer bills to the Supreme Court?

A

Law officers can refer bills passed by devolved legislatures to the Supreme Court.

71
Q

What was the outcome of the Agricultural Sector (Wales) Bill case?

A

The Supreme Court held that the Welsh bill regulating agricultural wages was within competence.

72
Q

What was the outcome of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill case?

A

The Supreme Court found the bill mostly within competence but subsequent UK legislation rendered many provisions outside competence.

73
Q

What was the outcome of the UN Convention on the Rights of the Child Bill case?

A

The Supreme Court ruled that provisions allowing courts to strike down UK legislation were outside competence.

74
Q

What was the outcome of the Scottish Independence Referendum Bill case?

A

The Supreme Court ruled that the bill was outside the Scottish Parliament’s competence.

75
Q

What was the outcome of the Imperial Tobacco v Lord Advocate case?

A

The Supreme Court ruled that the Scottish tobacco display ban was within competence.

76
Q

What is judicial review of devolved legislation?

A

Acts of devolved legislatures are subject to judicial review on grounds of exceeding legislative competence.

77
Q

What was the outcome of the HM Lord Advocate v Martin case?

A

The Supreme Court found that a Scottish Act increasing sentencing powers was within competence.

78
Q

What does Section 35 of the Scotland Act 1998 empower?

A

Section 35 empowers the Secretary of State to block devolved legislation from Royal Assent under specific circumstances.

79
Q

What was the outcome of the Gender Recognition Reform (Scotland) Bill and Section 35?

A

The Bill was blocked by a Section 35 order, which was upheld in court.

80
Q

What facilitates coordination between UK and devolved governments?

A

The Joint Ministerial Committee (JMC) facilitates coordination and resolves disputes.

81
Q

What does Section 35 of the Scotland Act 1998 empower the Secretary of State to do?

A

It empowers the Secretary of State to block devolved legislation from Royal Assent under specific circumstances.

82
Q

What happened to the Gender Recognition Reform (Scotland) Bill?

A

The Bill making it easier for Scottish residents to obtain a Gender Recognition Certificate was blocked by a Section 35 order, which was upheld in court.

83
Q

What is the purpose of the Joint Ministerial Committee (JMC)?

A

The JMC facilitates coordination, addressing non-devolved matters, and resolving disputes.

84
Q

What is the aim of the UK Internal Market Act 2020?

A

The Act aims to prevent internal UK trade barriers after Brexit, based on mutual recognition and non-discrimination principles.

It has faced criticism from devolved governments.

ELS & Constitutional Law (9 decks)

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