lesson 4.1 Flashcards
What is the distinction between federal and unitary states in terms of political power distribution?
Federal states distribute power between national and regional governments, whereas unitary states centralize power in a single authority.
How does parliamentary sovereignty impact the UK’s constitution?
The UK Parliament can make or unmake any law, and no body can override an Act of Parliament.
What does “Power devolved is power retained” mean?
Devolved powers can be amended or repealed by the UK Parliament, indicating ultimate sovereignty remains at the center.
What historical unions form the United Kingdom?
Laws in Wales Act (1535/1542), Acts of Union (1707, Scotland), Union with Ireland (1800).
How does the UK’s government structure reflect asymmetry?
Different legal systems (E&W, S, NI), distinct institutions, and unique relationships between church and state.
Why is devolution described as a process rather than an event?
It evolves in response to political and social changes, expanding the powers of devolved legislatures.
What legal cases question the absolute sovereignty of the UK Parliament?
MacCormick v Lord Advocate (1953) and Jackson v Attorney General (2005).
What acts established devolution in the UK?
Scotland Act 1998, Government of Wales Act 1998/2006, Northern Ireland Act 1998.
How has the demand for devolution differed across the UK?
Scotland had strong demands (Claim of Right 1988), whereas Wales had a more gradual process.
What is the Sewel Convention?
A political convention stating Westminster will not legislate on devolved matters without consent.
Did codifying the Sewel Convention in the Scotland Act 2016 make it legally enforceable?
No, courts view it as a political convention, not a legal rule (Miller v Secretary of State for Exiting the EU, 2017).
Can Northern Ireland leave the UK?
Yes, the Good Friday Agreement allows a referendum on unification with Ireland.
What is the significance of Section 63A of the Scotland Act 2016?
It declares the Scottish Parliament and Government are permanent but can only be abolished via referendum.
What tensions exist between devolution and the unitary state model?
The UK Parliament remains legally supreme, but political constraints limit its power over devolved governments.
How does devolution remain asymmetric?
Different regions have different levels of autonomy and governance structures.
What does the Constitution Committee say about Westminster’s approach to devolution?
It must act with “respect and restraint” to maintain the Union.
