Constitutional 4: Devolution

Question 1

What countries have devolved status?

Answer 1

Scottland

Wales

N. Ireland

Question 2

How can devolved status of the different devolved parliaments be reversed?

Answer 2

Scotland and Wales
- Act of Parliament; and
- referendum in Scotland/Wales

N. Ireland
- if felt majority of N. Ireland want to join republic referendum can be held

Question 3

What is the Sewel Convention

Answer 3

If UK Parliament is going to legislate on devolved matters
- consent of the affected institution is required
- in form of legislative consent motion

However, legally UK Parliament can still pass legislation without consent.

Question 4

What power does the courts have in reviewing devolved matters?

Answer 4

Courts can strike down legislation if:
- devolved institution acts outside their legislative competence

Question 5

How can a devolved institution prevent courts striking down their legislation?

Answer 5

Before granting a bill royal assent they can refer it to the supreme court to determine if it falls within their power

Question 6

Who in the devolved institutions can refer a bill to the Supreme Court (N. Ireland)

Answer 6

Advocate General for N. Ireland

Attorney General for N. Ireland

Question 7

Who in the devolved institutions can refer a bill to the Supreme Court (Scotland)

Answer 7

Lord Advocate

Advocate General for Scotland

Attorney General

Question 8

Who in the devolved institutions can refer a bill to the Supreme Court (Wales)

Answer 8

Counsel General

Attorney General

Question 9

How can devolved parliaments legislate in regard to EU law?

Answer 9

Can legislate contrary to EU law

Devolved domestic law will take priority over assimilated (direct?) law unless a minister passes regulation to contrary.