Devolution Has Brought UK Closer To The Federal System Of Gov Found In The US Flashcards
What is federalism ?
-power id shared between central gov + regional gov
-both levels have authority over certain matters + powers outlined in constitution
What is devolution?
-transferring powers + responsibilities from central government to regional/local gov
-allows regional/local authorities have more control over certain areas of governance without changeing overall structure of state
What is one area of comparison between the two - federal and devolution?
-US federal - based on principle of dual sovereignty with two autonomous levels of gov (national/federal + regional/state
-UK devolved - unitary state with some devolved powers to nations + cities
What is the significance of the UK having regional/local authorities with devolved powers?
-devolution granted powers to regional gov Scot, wales + NI - similar to federal distribution to state/provincial gov
What are examples of these devolved powers to regional gov?
-Scotland (under Scot act 1998) has own parl with powers over wares like education, health + justice
-Scot gov passed smoking, health + social care act 2005
-wales + NI own devolved assemblies with varying degrees of legislative powers
What are the devolved regions legal systems like following devolution?
-own developed legal + political systems in some areas - mainly Scotland
-own political party - SNP advocating for Scot independence unique for Scotland
How is this similar to the US?
-each state has own laws + system of governance although share a common constitution with central gov
How does transference of powers to regional gov make UK more like a federal state?
-powers devolved regions have - education, health, justice - typically areas where federal systems allow states to make their own laws + policies on
-Scot parl authority to legislate on wide range of issues independently from UK parl
What have critics argued when these powers have expanded?
-the increasing autonomy of regional gov makes UK more federal where states or provinces constitutionally protected authority over certain areas
-but UK parl still remains sovereign
What is the impact of the tenth amendment?
-US federal system where power shared between central + individual gov - any powers now given to federal gov are given to states or people
-states have constitutionally protected authority
How is this different in the UK?
-unitary state meaning ultimate power resides with UK parl
-parl can alter or revoke powers devolved as not protected by the constitution - parl sovereignty
What are the wider aspects of federalism and devolution? - 2
-federalism = ‘elastic clause’ + role of SC settling clashes between state + federal gov
-devolution = limitations on parl sovereignty as parl no longer sovereign over Scot + wales following COVID
How does devolution impose a limitation upon the sovereignty of parliament?
-parl retains legal ability alter or revoke devolved powers it can’t wait intervene in day to day governance of devolved regions
-regional gov signif authority to legislate + make decisions within devolved areas
What is an example of this.
-Scot parl power raise taxes, set education policies + decide on healthcare reforms independent process Westminster’s involvement — Covid Scot mandatory face covering in indoor public spaces such as shops earlier than eng
-creates divisions of powers between central + regional gov
How does this highlight the UK becoming more federal?
-similar to the tenth amendment where constitutionally the states + the people have right to govern themselves with the powers reserved by the federal government
-uk parl less involved with regional affairs similar to the US central gov and the state gov
What is the elastic clause in the US?
-provides Congress with flexibility to pass laws no explicitly listed in constitution allowing address issues FF could not have foreseen as constitution product of its time + how FF intended it
-central to expansion of federal power + cited in debates about balance of power between central + state gov
How does the elastic clause cause tensions over the meaning of federalism?
-used to justify federal actions in areas considered state responsibilities like education, healthcare + policing
What is an example of this?
-civil rights act 1964 passed under elastic clause limiting state autonomy by imposing federal standards on issues such as segregation
-ongoing debate about federal power ends + state power begins - federalism an evolving concept + not fixed framework similar to devolution
What is another argument in relation to the UK becoming more federalist? - 3
-US federal gov has grown since 1930s over econ, education, health + welfare
-UK moves towards devolution regions created a ‘quasi-federalism’
-differences between the two are diminishing
What is quasi-federalism
-both federal + unitary not fully qualifying as either
-involved central authority retaining ultimate sovereignty but granted substantial autonomy to regional gov
-but poses not constitutionally guaranteed + often be revoked or altered by central authority
What are key features of quasi-federalism?
-decentralised governance with retained central sovereignty
-no constitutional guarantee of autonomy
What is the feature of decentralised governance with retained central sovereignty?
-signif powers devolved to regional gov allowing them legislate + govern in specific areas
-unlike in federal system the central gov can override or reclaim these powers
What is an example of this feature?
-Scot from 1998 operates independence allowing them tailor policies to their specific needs
-e.g. abolished uni tuition fees for Scot students - policy distinct from eng where fees are in excess of 9k per year
What is the feature of no constitutional guarantee of autonomy?
-regional autonomy often granted through statutes or pol agreements rather than entrenched in constitution
-central gov retains legal right amend or revoke devolved powers
What is an example of the federal feature of no constitutional guarantee of autonomy?
-powers of Welsh Senedd + NI assembly,t not constitutionally entrenched
-suspension of devolution in NI from 2002-07 + 2017-20 - Uk gov direct rule over NI illustrating devolution can be withdrawn
How is this different in the US?
-state gov powers guaranteed in constitution under the tenth amendments where reserved powers not delegated to federal gov are for the states
How has the federal system of gov in the US been changing since the 1930s at the expense of the states?
-expansion of federal power as expense of state autonomy
-changes driven by econ crises, wars + social movements leading to evolving int of constitution + increased federal involvement in areas managed by states
What is an example of one of these key developments in federal gov?
-the new deal era + expansion of federal power
-response to Great Depression Roosevelt new deal expanded federal authority
What was the result of this?
-federal programs like social security act + agencies like the Tennessee valley authority addressing econ recovery + social welfare
What is a more modern example?
-contributing federal influence in healthcare + environmental regulation e.g. clean air act + clean water wct
