Devolution and Constitution. Flashcards
What is devolution?
The transfer of power from central government to local/regional government.
What is a federal constitution?
Power divided between central federal government and component parts.
Division/sharing of power between national and state government.
E.g US
What are the pros of devolution?
-Remote central government
-Local units of government to aid people’s wishes.
What are the cons of devolution?
-Jurisdictional problems between the different institutions and legal systems.
-Nations treated differently can cause problems/resentment.
Why is there asymmetry in the UK?
Different parts of UK have different forms of devolution and varying degrees of power.
Deals with demands within the existing constitutional system.
What are the seven functions of the constitution?
1) Furthering wellbeing
2)Power accountable
3)Constructing an identity
4)Managing disagreements.
5)Protecting dissenting viewpoints
What has legitimacy to make changes?
Political institutions and the electorate.
What determines constitutional rules?
Political actors and referendums.
What did Griffith say about political constitutionalism?
‘Law is not and cannot be a substitute for politics’
What does law facilitate?
Politics to behave in a particular way.
What did Adam Tomkins state about political constitution?
‘Parliaments will always enjoy greater democratic legitimacy than courts’
What other things are politically constitutional?
-Conventions of government.
-Parliamentary process.
What are parts of the legal constitution?
-Written documents/texts form legal principles from constitutional rules.
What does the legal constitution determine?
The scope and remaining constitutional texts/rules.
What does legal constitutionalism protect?
Minority constitutional rights in the face of majority wishes.
What does Tomkins say about legal constitutionalism?
‘Human dignity and individual autonomy… government, politics and majority rules should not trespass these fundamentals’
What will law always seek to invalidate?
Political action which disrespects those principles.
What statutes are examples of legal constitutionalism?
-Human rights act 1998
-Constitutional reform act 2005
Common law
What does Griffith say about the constitution?
‘Everything that happens is constitutional, and if nothing happens that is constitutional too’
What is unitary constitution?
Ø Single centralised source of sovereign power superior over other sources.
Ø Constitutional power emanates from the centre.
Distributed power can always be recalled.
What is a federal constitution?
Ø Distribution of power, multiple sources.
Ø Certain powers are ascribed to different levels and may not be exercised on other parts of the state.
Power is not normally able to move between different levels.
What is parliament?
‘A unitary concept of sovereignty.’
What is a presidential constitution?
-Legislative and executive branches are separate.
-Specific powers accrue to each branch.
What is a parliamentary constitution?
Ø Legislative and executive branches overlap
Ø Government exits for so long it commands the confidence of parliament.
Ø Less clearly defining line between powers belonging to each branch.
What is a democratic constitution?
Ø Power and legitimacy derived from the electorate.
Ø Defined franchise, possibly universal.
Regular elections.
What is an oligarchical constitution?
Ø Small group hold most of the power.
Ø Lack of elections
If there are elections, limited choice of party
Where is the term devolution derived from?
The Latin for ‘roll down’.
What happens in a federal or confederal system?
Every constituent part of state enjoys autonomy and sovereignty.
What is federalism?
The division and sharing of power between national and state governments e.g US.
What is devolution in UK?
In theory reversible and product of UK statute.
What is meant by UK devolution being assymmetric?
Different parts of UK have different forms of devolution and varying degrees of power.
What is an example assymmetry?
Scotland, Wales and Northern Ireland have executive and legislative devolution, yet Mayor of London only has executive powers.
What does the Sewel Convention mean?
UK Parliament can still legislate in devolved areas but due to this convention it only does so with explicit consent from the relevant devolved body.
What is an autocracy system?
Single person holds absolute power and authority over the state.
