devolution Flashcards
what was the effect of Acts of Union
abolish several parliaments of England and wales and Scotland to create one parliament of great Britain with authority over all 3 countries
what effect did the Wales Act have?
wales incorporated into England- welsh constituencies added to House of Commons- english official language of the law
what was the effect of the Government of ireland act?
divided ireland between 6 of the countries of Ulster in the north and the rest of ireland (south)- creation of separate parliaments for northern and southern ireland with the power to legislate for their respective territories subject to the exclusion of certain matters that were reserved to the Westminister P
what was the effect of the Northern Ireland constitution act 1973?
abolished stormont P (its own legislature) and replaced it with a NIA in an attempt to restore devolved gov -
what effect did ‘the troubles’ have?
uk gov suspended the stormont p in 1972 and introduced direct rule pursuant to the NI Act- but then this act authorised the dissolution of the NI assembly and transferred its legislative powers to queen in council (UK Gov)
what is the reserved powers model?
scottish p has the power to legislate on all matters that are not expressly reserved to westminister- scottish p can legislate over a wide range of matters e.g. health, education, civil/criminal law, local gov
what is legislative competence?
Scotland Act 1998 provides that an act of scottish p s not law so far as any of its provisions are outside the legislative competence of the P and expressly specifies which areas are outside its competence
what are povisinos outside scotlands legislative competence?
would form part of the law of any territory of scotland, relate to reserved matters, modify certain enactments , incompatible with ECHR, would remove lord advocate from their position as head of the systems of criminal prosecution and investigation of deaths
what is the sewel convention
UK Parliament wants to legislate on a matter within the devolved competence of the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly. Under the terms of the Convention, the UK Parliament will “not normally” do so without the relevant devolved institution having passed a legislative consent motion.
what is the conferred powers model?
limited the competence of teh NA to those powers specifically granted to it
what is the wales act
created a devolved assemebly in wales if welsh voters supported it in a referendum but 80% of the electorate voted against devolution
