Devolution Flashcards
Name the 3 types of decentralisation
1) Delegation
2) Devolution
3) Federalism
Name 2 reasons why the UK cannot be classed as federal
1) No legal protection of Wales, Scotland or Northern Ireland - Parliamentary Sovereignty means the devolution statutes could be repealed.
2) No English equivalent
Bogdanor’s tripartite definition of devolution
1) Transfer of power from a central to regional / local level elected body
2) Creates a layer of government between the state and local level
3) Responsibilities for functions usually exercised centrally (Ministers + Parliament) are delegated
What statutory provision established the Scottish Government and Parliament?
s.44 Scotland Act 1998
What statutory provision established the Northern Ireland Executive and Assembly?
Part III Northern Ireland Act 1998
What statutory provision(s) established the Government of Wales and Welsh Parliament?
Government of Wales Act 1998 - established executive devolution
Government of Wales Act 2006 establishes Welsh Government.
What are intergovernmental relations?
The arrangements facilitating each government in the UK being able to talk to each other.
What is the status of legislation passed by the devolved legislatures?
PRIMARY legislation
What is legislative competence?
Areas in which devolved Parliaments have powers to make legislation.
Main role of Wales Act 2017
Amended Government of Wales Act 2006, transferring Wales to a RESERVED powers model
What is a reserved powers model of devolution?
Devolved body can legislate on any matter except those reserved to the Westminster Parliament or government.
What is a conferred powers model of devolution?
Devolved body can only legislate on a list of conferred powers.
Name the statutory provision establishing that Wales is a reserved powers model
s.107 Government of Wales Act 2006
Which year did Wales becoming a reserved powers model come into effect?
2018
Where (statute) are the matters reserved to the UK Parliament found for WALES?
ss.108A + Schedules 7A + B Government of Wales Act 2006
(As amended by GWA 2017)
Which statutory provisions set out the powers that are reserved to the UK Parliament for Scotland?
ss.28 and 29 + Schedule 5 Scotland Act 1998
Name the 6 general reservations under Schedule 7A Government of Wales Act 2006
1) The constitution
2) Political parties
3) Foreign affairs
4) Public service
5) Defence
6) Single legal jurisdiction of E+W
Are primary legislative powers - as exercised by devolved legislatures - amenable to judicial review?
Yes, but only reviewable by courts if outside legislative competence (ultra vires) but NOT on common law grounds (illegality, irrationality, procedural impropriety)
Are secondary legislative powers - as exercised by devolved legislatures - amenable to judicial review?
Yes, can be reviewed on both ultra vires AND common law grounds.
What does AXA General Insurance v Lord Advocate establish about Acts of devolved legislatures?
That they are primary legislation but not to the same extent as Acts of the UK Parliament.
What is abstract review? Statutory Provision
The Secretary of State of Wales has 4 weeks to decide whether they wish to refer a Bill of a devolved legislature to the Supreme Court before it comes into effect.
s.112 Government of Wales Act 2006.
How is legislative competence determined for devolution in Wales? Statutory provision?
s.108A(6) Government of Wales Act 2006
‘Relates to’ test - looks at the purpose and effect of a provision.
What is a legislative consent motion?
Sewel Convention requires consent of devolved administrations, however Westminster Parliament is not bound by this and can (has) legislated without devolved consent.
What is a combined authority?
Where two or more local councils combine to form a legal body to enhance local government.
What is administrative devolution?
Where powers are held centrally, within the UK government and Parliament, but administered differently in different regions of the UK.
What form of DEVOLUTION does Wales now operate under as a result of the Wales Act 2017?
Legislative devolution:
see s.108A Government of Wales Act 2006 +
Schedule 7A + 7B
What does s.108A(2)(c) Government of Wales Act 2006 establish re legislative competence?
That anything relating to a reserved matter under Schedule 7A is outside the legislative competence of the Welsh Parliament.
