Devolution Flashcards
Devolution
Westminster Parliament is sovereign/supreme.
Has devolved legislative
powers in many fields but legally could revoke those
powers.
The Scottish Parliament
Elections take place every 5 years.
They have the power to pass primary legislation. Once the Scottish Parliament has passed a bill and it has received Royal Assent it is known as an act of the Scottish Parliament.
The Scottish Parliament - devolved matters
Can make legislation on all matters other than reserved matters. E.g health, education, civil and criminal law, tax-raising powers but not constitution, foreign policy and defence.
Provisions outside its legislative competence
are those that:
- Would form part of the law of any territory other than Scotland
- Relate to reserved matters
- Are incompatible with the ECHR
- Would remove the Lord Advocate from their position as head of the systems of criminal prosecution and investigation of deaths.
The Scottish Government
Headed by the First Minister, who is appointed by the Monarch.
Normally be the leader of the largest party in the Scottish Parliament.
Scotland - The Sewel Convention
This convention established that Westminster would not normally legislate on devolved matters in Scotland without the consent of the Scottish Parliament.
Scottish Parliament will give its consent through Legislative
Consent Motions (LCMs).
Whilst this provides a political constraint on Westminster it doesn’t affect parliamentary sovereignty.
Senedd Cymru/Welsh Parliament
Elections take place every 5 years.
Have the power to pass primary legislation on all matters that are not explicitly reserved to the Westminster Parliament.
Although criminal justice is devolved in Scotland not in Wales.
The Welsh Government
Headed by the First Minister, appointed by the monarch.
Appoints up to 12 Welsh ministers and
deputy ministers (with the approval of the Monarch) to serve in the cabinet.
Wales - The Sewel Convention
Also applies to Wales.
Northern Ireland - The Good Friday Agreement
UK law after agreement - Northern Ireland shall not cease to be part of the UK without the consent of a majority of the people of
Northern Ireland voting in a referendum.
3 strands of agreement:
1) Democratically elected assembly with a power-sharing executive.
2) North/South ministerial council comprising ministers from Northern Ireland and the Irish republic. It co-operates and develops policies on matters of mutual interest.
3) British-Irish council comprising representatives from the British and Irish govts, the devolved administrations, the Isle of Man - its purpose is to promote harmonious and mutually beneficial relationships between the peoples represented.
The Northern Ireland Assembly
They have the competence to legislate over transferred matters but defines transferred matters as all matters except reserved matters and excepted matters.
Transferred matters:
- Policing and criminal justice
Reserved:
- Firearms and explosives
- Financial services and pensions regulation
- Broadcasting,
- Disqualification from Assembly membership
- Consumer safety and intellectual property
The Sewel Convention applies but, unlike the position in Scotland and
Wales, it does not have express statutory recognition.
Northern Ireland Executive
3 political designations – ‘Nationalist’,
‘Unionist’ and ‘Other’.
After election assembly must appoint a first minister (FM) and deputy first minister (DFM).
FM from biggest party
DFM from second biggest.
So far not worked.
Role of the Supreme Court
3 ways in which the question whether legislation passed by a devolved legislature is outside its legislative competence can come before the Supreme Court:
1. through a reference by a devolved or UK law officer (including the Attorney General for England and Wales) to the Supreme Court. For bills that have not yet received Royal Assent.
2. through an appeal from certain higher courts in England and Wales, Scotland and Northern Ireland; and
3. through a reference from certain appellate courts.
Section 35 orders
Section 35 of the Scotland Act 1998 grants the Secretary of State for Scotland the power,
in specified circumstances, to prevent legislation enacted by the Scottish Parliament being
submitted for royal assent, even if it covers a devolved matter.
Section 114 of the Government of Wales Act 2006 contains equivalent provision regarding the
Senedd Cymru, but the UK Government has not yet exercised its powers under it.
