Devolution

Question 1

What is devolution in a nutshell?

Answer 1

the grant by the UK Parliament of legislative powers to the ‘devolved’ legislatures and administrations (executives), which are:

• Scottish Parliament – Scottish Government
• Senedd (Welsh Parliament) – Welsh Government
• Northern Ireland Assembly – Northern Ireland Executive

Question 2

What is devolved legislation?

Answer 2

legislation produced by the three devolved Parliaments or Assemblies of Scotland, Wales, and N. Ireland. It cannot be created without the enabling powers of an Act of the UK Parliament.

Question 3

What is the difference between devolved and reserved matters?

Answer 3

Devolved -> areas of government where decision-making has been delegated by the UK Parliament to the relevant devolved administration.

For example, education is a devolved matter in Scotland, as is the environment. This means Scotland can make its own laws on those areas (amongst many others). However, all devolved laws are still subject to review by the Supreme Court, which also has the power to determine disputes over jurisdiction between the devolved administrations and Westminster

reserved -> Decisions taken in Westminster that have effect in Scotland, Wales and Northern Ireland. Immigration, defence and foreign policy are examples of reserved matters.

Question 4

What is the Sewel convention?

Answer 4

Idea that UK parliament will not legislate on devolved matters without the consent of the devolved country.

Explicitly referred to in s.28 Scotland Act and GOWA s107

Question 5

What is an important power of the courts with regards to devolution?

Answer 5

Able to review and consider whether a legisaltion passed by a devolved government is within the scope of their legislative competence

Question 6

How do we know if a matter is considered reserved?

Answer 6

Reserved matters will be listed in one of the Schedules to the relevant Act

Question 7

What is meant by a ‘constitutional monarchy’?

Answer 7

The Sovereign is Head of State, the ability to make and pass legislation resides with an elected Parliament.

authority derived from and limited by the constitution and the law.

Monarch themself doesn’t have power but activities of the government are carried out in the name of the Crown.

Question 8

What are 3 personal powers that remain with the Crown?

Answer 8

• appointing the Prime Minister
• dissolving parliament
• giving Royal assent to acts of parliament