Devolution

Question 1

Explain the permanence principle in relation to the devolution arrangements with Scotland and Wales.

Answer 1

UK parliament legislation Scottish parliament, government and welsh Parliament and government are permanent parts of the UK constitutional arrangements.

It declared into law that these insertions are not to be abolished unless people of Scotland or Wales vote in favour of abolishing it.

Question 2

Explain the significance of the Good Friday agreement.

Answer 2

Agreement to create Northern Ireland parliament and assembly, which govern northern ireland.

IF it is ever felt there is a majority in favour of NI joining ROI, referendum will be held under the GFA giving NI population choice of ether remaining part of the UK or joining the ROI.

Question 3

Explain the Sewel Convention.

Answer 3

Where UK parliament is governing on a devolved matter, they will normally obtain consent of the devolved administration via legislative consent motion.

However they do not have to do this, so if a devolved assembly refuses consent, Westminster can still pass the legislation.

Question 4

What powers do the UK courts have over legislation passed by the devolved assemblies?

Answer 4

Courts can scrutinise the legislation .

If deemed the legislation has been passed by devolved assembly exceeding their powers, the courts can strike the legislation down as invalid.

Question 5

Under what circumstances will a court in Scotland, NI or Wales refer a matter to the SC?

Answer 5

Devolved institution:

1) Acts outside their legislative competence (by legislating on non-devolved matters); or

2) Legislates contrary to the ECHR.

Question 6

Can a bill passing through all of the stages in devolved legislature be referred to the SC?

Answer 6

Yes in order to determine whether it is within the law-making power of the devolution institution.

Question 7

Who ca make a bill reference to the SC from NI?

Answer 7

Advocate general for NI or attorney general for NI.

Question 8

Who can make a bill reference to the SC from Scotland?

Answer 8

Lord Advocate;

Advocate General for Scotland;

Attorney General

Question 9

Who can make a bill reference to the SC from Wales?

Answer 9

Counsel General; or

Attorney General.