Devolution Flashcards
Has devolution eroded the sovereignty of the UK Parliament?
The UK Parliament remains supreme - retains power to:
- Legislate on devolved powers
- Override devolved legislatures
(although political reality - Sewel convention: Westminster will not normally legislate on matters falling within Edinburgh’s competence without specific approval of the Scottish Parliament)
What was established by the Scotland Act 1998?
The Scottish Parliament & Scottish Government
Elected by first past the post
Has power to pass primary legislation
What is the devolution model for Scotland?
Reserved Powers model
ie. Certain matters are reserved as responsibility of UK Parliament - eg. defence, foreign affairs, constitution, benefits & social security
The Scottish Parliament has responsibility for everything which is NOT reserved (eg. agriculture, environment, health, justice & policing)
–> An Act of the Scottish Parliament will not be law if any of its provisions are outside it’s legislative competence (eg. law of any other territory; relating to reserved powers)
What is the Sewel Convention?
Westminster will not normally legislate on devolved matters in Scotland without the consent of the Scottish Parliament
(Statutory recognition in 2016 Scotland Act: UK Parliament will not normally legislate on devolved matters without consent of Scottish Parliament)
Nb. Applies to Wales as well!
What is the devolution model for Wales?
Reserved powers model
Senedd Cymru has responsibility for everything not reserved - eg. agriculture, environment, health
Reserved matters are responsibility of UK Parliament - eg. constitution, defence, foreign affairs, benefits & social security
Nb. Sewel Convention applies
What is the parliamentary body of Wales?
Senedd Cymru (National Assembly for Wales)
Additional Member voting system
Power to pass primary legislation
Does the Sewel Convention apply in Northern Ireland?
Yes, but it doesn’t have express statutory recognition (unlike Scotland & Wales)
What was established by the Northern Ireland Act 1998?
The Northern Ireland Assembly
Has power to pass primary legislation on all matters except for reserved matters & excepted matters
Proportional Representation voting system
What was established by the Good Friday Agreement?
North-South Ministerial Council - cooperates & develops policies on matters of mutual interest to the island of Ireland
British-Irish Council - representatives of British & Irish governments + devolved administrations of Scotland, Wales, Northern Ireland
What is the devolution model for Northern Ireland?
The Northern Ireland Assembly has responsibility over all matters except-
- eg. agriculture, environment, health, justice & policing
Excepted matters
- Will always remain UK Parliament responsibility
- eg. defence, foreign affairs, UK-wide taxation
&
Reserved matters
- Currently UK Parliament responsibility but NI Assembly may ask for them to be transferred (requires consent of Sec of State, ie. may be devolved in future) - eg. broadcasting, IP, financial services
Nb. Sewel Convention applies but does not have statutory recognition
Which devolved administration does not have responsibility for justice & policing?
Wales
What is the role of the Supreme Court in relation to devolution?
Will review legislation enacted by the devolved legislature
1. Through reference from a devolved or UK officer to the Supreme Court
2. Through appeal from certain higher courts in England & Wales, Scotland, Northern Ireland
3. Through reference from certain appellate courts
Generally, acts of devolved legislatures can only be challenged on the grounds that they exceed legislative competence of the legislature (eg. by covering a reserved matter) - can’t be challenged on common law grounds
What are the three ways the Supreme Court can review legislation enacted by the devolved legislatures?
- Through reference to the Supreme Court from a devolved or UK law officer
- Through an appeal from certain higher courts in England & Wales, Scotland, Northern Ireland
- Usually arise in context of normal legal proceedings - Through reference from certain appellate courts
- Usually arise in context of normal legal proceedings
On what grounds can acts of the devolved legislatures be challenged in the Supreme Court?
Generally only on grounds that exceed legislative competence of the legislature (eg. by covering a reserved matter)
Can’t be challenged on common law grounds (eg. irrationality)
What is the relationship between the UK Government & the devolved administrations?
Joint Ministerial Committee
i. Coordinates relationship between UK & devolved nations
ii. Considers non-devolved matters that affected devolved responsibilities
iii. Considers devolved matters (if beneficial to discuss their respective treatment in the different parts of the UK)
iv. Considers disputes between the governments
