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devolution Flashcards

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1
Q

What is devolution?

A

Devolution is the formal transfer of powers from a central government to regional or local governments within a country, while sovereignty remains with the central authority.

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2
Q

What is the primary aim of devolution?

A

The primary aim of devolution is to distribute political authority and decision-making closer to the people, allowing regional governments to manage local affairs.

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3
Q

When was the Kilbrandon Report published and what did it recommend?

A

The Kilbrandon Report was published in 1973, recommending that devolved governments be established for Scotland, Wales, and Northern Ireland to better manage regional affairs.

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4
Q

Which political party and Prime Minister supported devolution in 1997?

A

The Labour Party, under Prime Minister Tony Blair, supported devolution in 1997.

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5
Q

What were the three key legislative acts for devolution in the UK in 1998?

A

Scotland Act 1998: Established the Scottish Parliament.
Government of Wales Act 1998: Created the National Assembly for Wales.
Northern Ireland Act 1998: Re-established the Northern Ireland Assembly.

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6
Q

What are the benefits of devolution?

A

A: The benefits include governance being closer to the people, increased trust in the political system, regional voices being heard, and strengthened regional identity.

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7
Q

What powers were devolved to Wales through the Government of Wales Act 1998?

A

Powers over agriculture, health, housing, local government, education, tourism, and more were devolved to Wales

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8
Q

What significant change did the Scotland Act 1998 introduce?

A

The Scotland Act 1998 established the Scottish Parliament and granted it authority over non-reserved matters like health, education, and transport.

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9
Q

What are reserved matters in the context of devolution in Scotland?

A

Reserved matters are issues that remain under the control of the UK Parliament, such as defense, foreign affairs, immigration, and the Constitution.

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10
Q

What is the significance of the Good Friday Agreement of 1998 for Northern Ireland?

A

The Good Friday Agreement of 1998 restored devolved governance in Northern Ireland, ending decades of direct rule from Westminster and establishing a power-sharing arrangement.

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11
Q

What is the West Lothian Question?

A

The West Lothian Question refers to the situation where MPs from Scotland, Wales, and Northern Ireland can vote on English-only legislation, while English MPs cannot vote on devolved matters affecting those nations.

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12
Q

What is English Votes for English Laws (EVEL)?

A

EVEL is a system introduced in 2015 that allows only English MPs (or English and Welsh MPs) to vote on legislation affecting only England.

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13
Q

What historical event led to the partition of Ireland in 1920?

A

The partition of Ireland in 1920 occurred after civil unrest and the Irish War of Independence, splitting Ireland into the Irish Free State and Northern Ireland.

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14
Q

What is the North-South Ministerial Council?

A

The North-South Ministerial Council fosters cooperation between Northern Ireland and the Republic of Ireland on shared interests.

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15
Q

What does the reserved powers model in Wales entail?

A

The reserved powers model, introduced in 2018, lists powers that remain under UK Parliament control, while all other areas are devolved to the Welsh Assembly.

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16
Q

What were the two significant legislative acts that granted Wales further devolution after 1998?

A

The Wales Act 2014 and the Wales Act 2017 granted Wales additional powers over taxation, borrowing, and the implementation of laws related to Welsh matters.

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17
Q

What was a key outcome of the Scotland Act 2016?

A

The Scotland Act 2016 devolved more powers to Scotland, including control over income tax rates, bands, and aspects of VAT, while recognizing the permanence of the Scottish Parliament and Scottish Government.

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18
Q

What is the primary distinction between transferred, reserved, and excepted matters in Northern Ireland?

A

Transferred Matters: Controlled by the Northern Ireland Assembly (e.g., health, education).
Reserved Matters: Under UK Parliament control but may be transferred in the future.
Excepted Matters: Permanently controlled by the UK government (e.g., defense, foreign policy).

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19
Q

What is the significance of the St Andrews Agreement of 2006 for Northern Ireland?

A

The St Andrews Agreement set the conditions for restoring devolved government in Northern Ireland, including a power-sharing arrangement between political parties.

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20
Q

What key powers did the Northern Ireland Assembly gain under the Northern Ireland Act 1998?

A

A: The Northern Ireland Assembly gained powers over health, education, justice, social security, and local government.

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21
Q

What was the role of the Tax Collection and Management (Wales) Act 2016?

A

The Tax Collection and Management (Wales) Act 2016 enabled Wales to collect taxes for the first time, marking a major step in fiscal devolution.

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22
Q

What voting system is used for elections to the Northern Ireland Assembly?

A

The Northern Ireland Assembly elections use a single transferable vote system, ensuring proportional representation.

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23
Q

What is the purpose of the British-Irish Council?

A

The British-Irish Council serves as a forum for cooperation between the British and Irish governments, along with devolved administrations in Northern Ireland, Scotland, and Wales, as well as the Isle of Man and the Channel Islands.

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24
Q

What was one of the main challenges that led to the reintroduction of direct rule in Northern Ireland in 1972?

A

The escalation of violence and instability during “The Troubles” in Northern Ireland led to the suspension of the Northern Ireland Parliament and the reintroduction of direct rule by the UK government.

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25
Q

What protection does the Northern Ireland Act 1998 provide for political officeholders?

A

A: The Northern Ireland Act 1998 includes safeguards to prevent political officeholders from passing legislation that violates human rights or promotes religious or political discrimination.

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26
Q

What principle did the Labour government emphasize regarding decision-making during the devolution process?

A

The Labour government emphasized the principle of subsidiarity, which advocates for decisions to be made at the lowest possible level to enhance democratic participation and responsiveness to local concerns.

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27
Q

What was one of the main criticisms identified in the Kilbrandon Report regarding UK governance?

A

The Kilbrandon Report criticized the over-centralization of the UK government, suggesting that it was unsuitable for a country made up of four distinct nations with unique needs.

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28
Q

How did the devolution process in Scotland begin?

A

The devolution process in Scotland began with a referendum in 1997, which resulted in the establishment of the Scottish Parliament under the Scotland Act 1998.

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29
Q

What are some areas where the Scottish Parliament has the authority to legislate?

A

The Scottish Parliament can legislate on matters such as health, education, transport, housing, social services, and environmental policy.

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30
Q

What was the outcome of the 2014 Scottish independence referendum?

A

The 2014 Scottish independence referendum resulted in a majority voting against independence, with Scotland remaining part of the UK.

31
Q

What are the key components of the legislative powers of the Northern Ireland Assembly?

A

The Northern Ireland Assembly can pass laws specific to Northern Ireland but must adhere to UK Parliament’s overriding authority in certain areas.

32
Q

What historical context contributed to the establishment of the Northern Ireland Assembly in 1998?

A

The establishment of the Northern Ireland Assembly in 1998 was influenced by decades of direct rule from Westminster due to the violent conflict known as “The Troubles.”

33
Q

What were the key components of the Good Friday Agreement (1998)?

A

The Good Friday Agreement included provisions for a power-sharing government, protection of human rights, and mechanisms for cooperation between different political factions in Northern Ireland.

34
Q

What legal bodies were established to promote and protect citizens’ rights in Northern Ireland?

A

The Human Rights Commission and the Equality Commission were established to monitor and protect citizens’ rights in Northern Ireland.

35
Q

What significant political change occurred in Northern Ireland following the 2007 elections?

A

Following the 2007 elections, the devolved government was restored in Northern Ireland, with a new power-sharing executive formed among the major parties.

36
Q

What does the term “reserved powers model” mean in the context of Welsh devolution?

A

The reserved powers model means that only powers explicitly listed as remaining under UK Parliament control are retained, with all other areas automatically devolved to Wales.

37
Q

What is the role of the Ministerial Committee in Northern Ireland’s governance?

A

The Ministerial Committee, comprising the First Minister, Deputy First Minister, and ministers, serves as a forum for cross-party discussions on controversial issues and governance matters.

38
Q

How is the political representation structured in the Northern Ireland Assembly?

A

The Northern Ireland Assembly consists of 108 elected members, with six representatives from each Westminster constituency

39
Q

What protections against discrimination are outlined in the Northern Ireland Act 1998?

A

The Northern Ireland Act 1998 includes commitments to prevent discrimination based on religion and promotes equality across various demographics.

40
Q

What was a significant political challenge regarding the governance of England compared to the devolved nations?

A

A significant challenge is the imbalance created by the West Lothian Question, where MPs from devolved regions can vote on English legislation, while English MPs cannot influence devolved matters.

41
Q

How are political donations regulated in Northern Ireland?

A

Political donations in Northern Ireland are regulated under the Political Parties, Elections and Referendums Act 2000, which includes provisions for donations from Irish citizens.

42
Q

What are some areas that remain under the control of the UK Parliament in Northern Ireland?

A

Areas such as foreign policy, defense, immigration, and national security remain under the exclusive control of the UK government.

43
Q

What legislative powers were expanded for the Welsh Assembly following the Wales Act 2006?

A

The Wales Act 2006 expanded the Welsh Assembly’s powers over domestic matters and separated legislative from executive functions, enhancing its autonomy.

44
Q

How did Brexit impact the devolution process in Wales?

A

Following Brexit, the Welsh Assembly played a significant role in scrutinizing legislation related to the UK’s departure from the EU, emphasizing its importance in governance.

45
Q

What is the primary purpose of the British-Irish Council?

A

The British-Irish Council aims to foster collaboration between the British and Irish governments and devolved administrations, facilitating dialogue on shared issues.

46
Q

What historical events marked the beginning of English control over Ireland?

A

English control over Ireland began in the 12th century, with increased influence in the 16th and 17th centuries, particularly in the province of Ulster.

47
Q

What was the Act of Union 1800, and what was its outcome?

A

The Act of Union 1800 aimed to solidify the union between Ireland and Great Britain, but it ultimately failed to maintain unity due to economic crises and social unrest.

48
Q

What role did the Irish Republican Army (IRA) play in Northern Ireland’s history?

A

A: The IRA sought to end British rule in Northern Ireland and reunify it with the Republic of Ireland, leading to violent conflict known as “The Troubles.”

49
Q

What is the significance of the Equality Commission in Northern Ireland?

A

The Equality Commission promotes equality across various demographics and ensures that public authorities consider equality in their functions.

50
Q

How often are elections held for the Northern Ireland Assembly?

A

Elections for the Northern Ireland Assembly are held every four years, but extraordinary elections can occur if the Assembly votes for dissolution.

51
Q

What historical event in 1503 helped unite England and Scotland?

A

The marriage of James IV of Scotland to Margaret, daughter of Henry VII of England.

52
Q

What significant event occurred in 1603 regarding the English and Scottish crowns?

A

James VI of Scotland became James I of England, uniting the crowns after Elizabeth I’s death.

53
Q

What were the Acts that fully united England and Scotland, and when were they passed?

A

The Union with Scotland Act 1706 and the Union with England Act 1707.

54
Q

What key areas were protected for Scotland in the Act of Union?

A

The separate Scottish legal system and the Presbyterian Church were protected.

55
Q

What mechanism was used to determine Scottish devolution in 1997?

A

A referendum under the Referendums (Scotland and Wales) Act 1997.

56
Q

What were the results of the 1997 Scottish devolution referendum?

A

74.3% voted in favor of establishing a Scottish Parliament, and 63.5% supported tax-varying powers.

57
Q

What Act governs the legislative powers of the Scottish Parliament?

A

The Scotland Act 1998.

58
Q

How many seats are in the Scottish Parliament, and where is it based?

A

The Scottish Parliament has 129 seats and is based in Edinburgh.

59
Q

How are Members of the Scottish Parliament (MSPs) elected?

A

MSPs are elected through a combination of direct constituency elections and additional members chosen from party lists.

60
Q

What provision does the Scotland Act 1998 make regarding members’ interests?

A

Members must register financial interests and declare them before participating in parliamentary matters.

61
Q

What is the parliamentary privilege in Scotland?

A

Statements made in Parliament and publications authorized by Parliament are absolutely privileged under the law of defamation.

62
Q

What are the powers of the Scottish Parliament regarding legislation?

A

The Scottish Parliament can make laws within its legislative competence, but any law outside its competence is void.

63
Q

Who leads the Scottish Executive (now the Scottish Government)?

A

The First Minister, appointed by the monarch, leads the Scottish Executive.

64
Q

What is the role of the Secretary of State for Scotland post-devolution?

A

The Secretary of State promotes communication between the Scottish and UK governments on matters of mutual interest.

65
Q

How does the Scottish Parliament address European Union matters?

A

The Scottish Government participates in UK decision-making regarding EU policies, especially those affecting devolved areas.

66
Q

When was devolution in Wales first attempted?

A

Devolution was first attempted in 1978 but failed due to lack of support.

67
Q

How did the Government of Wales Act 2006 change governance in Wales?

A

It separated executive and legislative powers and conferred additional legislative powers on the Assembly.

68
Q

What did the Government of Wales Act 1998 establish?

A

It established a Welsh Assembly with limited powers for secondary legislation.

69
Q

What role does Wales play in the European Union?

A

Wales scrutinizes and ensures the implementation of EU obligations and has representation in EU matters.

70
Q

What happens if an Assembly Bill is thought to exceed legislative competence?

A

The Counsel General or Attorney General may refer it to the Supreme Court for a decision.

71
Q

What was the purpose of regional government referendums in England?

A

To decide if regional assemblies should be introduced.

72
Q

Which referendum in 2004 rejected a regional assembly?

A

The North-East of England.

73
Q

What is the Greater London Authority (GLA)?

A

The body responsible for governing London, consisting of the Mayor and the London Assembly.

74
Q

What are the three primary purposes of the GLA as defined by law?

A

Economic development, social development, and environmental improvement in Greater London.

constitutional & administrative law (4 decks)

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