Devolution Flashcards
What is devolution?
The delegation of central government powers without the relinquishment of sovereignty (Westminster P supreme)
What are the two forms of devolution?
Legislative: power to make primary legislation in certain fields.
Executive: transfer of administrative responsibilities and powers to make subordinate legislation.
When was Scotland granted devolution and how?
In 1998 through the Scotland Act 1998.
SA 1998 has been amended by SA 2012
What powers does Scotland have?
Legislative and executive
What happens if a devolved state legislates on ultra vires matters?
It is not law SA 1998 s 29(1).
Can the Supreme courts review the primary acts passed by devolved legislatures?
Yes - AXA General Insurance Ltd v L Advocate
When was Wales granted devolution and through what?
1998 through the Government of Wales Act
What powers does Wales have?
Executive powers and limited law making powers through the Government of Wales Act 2006.
When was Northern Ireland granted devolved powers?
in 1997 through the Belfast (“Good Friday Agreement) and through the Northern Ireland Act 1998 (part of Belfast Agreement)
What powers does NI have?
Legislative and executive powers - if there is consent from UK gov, NI can pass primary legislation of excepted or reserved matters.
West Lothian Question
Should England have devolved powers like NI, Scotland and Wales? Should England have its own Parliament or Assembly?
Questions whether it would be appropriate for MPs from Scottish, Welsh and NI constituencies to be able to continue to vote on matters solely relating to England when MPs representing England cannot do so for Scottish, Welsh and NI maters.
What is English votes for English laws?
Double veto system - decisions at the UK level with a separate and distinct effect on England should only be taken with the consent of the majority of MPs for constituencies for England, or for England and Wales.
Sewell Convention - R (Miller) v SoS for Exiting the European Union (2017)
Westminster Parliament can pass legislation on devolved matters without the consent of the devolved governments
