Public Law 10 Flashcards
Functions of the Scottish parliament?
- Provide and sustain the government in office.
- Make Law.
- Hold the executive (government) to account.
What is the “life of the Scottish Parliament”?
Fixed by Scotland Act 1998:
- Starts within seven days beginning immediately after the day of the general election.
- Ends with its dissolution before a general election to be held on the first Thursday in May of the fourth calendar year.
When can extraordinary general elections occur in the Scottish Parliament?
- If a two-thirds majority of MSPs vote for the dissolution of the Parliament.
- If the Parliament fails to nominate one of its members for appointment as First minister within 28 days of a general election or of resignation or death.
What is the composition of the Scottish Parliament?
There are 129 MSP’s. (73 elected by FPTP + 56 elected by the ‘additional member’ system of proportional representation based on the 8 European parliamentary constituencies).
How many votes does each voter in Scotland have?
Each voter has two votes: one for constituency MSP, one for political party (for additional member).
Who does the Scottish Government consist of?
- The First Minister.
- The ministers appointed by the First Minister.
- Two law officers.
How similar is the model of Parliamentary Government in Scotland to the UK?
UK model of parliamentary government system replicated in Scotland, although in Scotland this is based on statute and not constitutional convention.
What are the rules of the First Minister?
- The First Minister is appointed by the King.
- The First Minister must resign if the government decides it no longer enjoys the confidence of Parliament.
- Once the First Minister is appointed, they must appoint in agreement with Parliament and with formal approval of the KIng.
What are the powers of the Scottish Government in relation to devolution?
Whilst legislative competence was transferred from Westminster to Holyrood, executive competence too was transferred from the UK Government to the Scottish Ministers.
This means more of the Scottish Government’s functions find source in Acts of the Scottish Parliament and Scottish statutory instruments.
What is meant by legislative competence?
The power to make laws.
Does Scotland’s Parliament have full legislative competence?
No. Holyrood has shared legislative competence with Westminister.
Additionally, as the terms of devolution is a reserved matter, therefore, Holyrood remains subordinate to Westminster.
What is the Reserved Matters Model?
Any matters not reserved to the exclusive competence of the Westminster Parliament to legislate on falls within the legislative competence of the Scottish Parliament.
What are other (reserve matters model) limits on the Scottish Parliament’s legislative competence?
- Enactments protected from modification.
- Includes the Scotland Act itself so far as it prescribes the principal features of the devolution settlement.
- Retained EU law.
- Common law eg, securing the rule of law.
How are limits on the Scottish Parliament’s legislative power enforced?
Pre-assent Checks:
- Scottish Minister statement that Bill is within legislative competence.
- Presiding Officer states his/her decision whether s/he thinks Bill is within legislative competence.
- Presiding Officer may not send the Bill forward for Royal Assent if the Bill is referred to the Supreme Court (to decide whether Holyrood has legislative competence over it) by the Advocate General, Lord Advocate, or Attorney General.
- A reference may be made to the Supreme Court under s 33 regarding legislative competence at any time during the four week period commencing with the passing of the Bill by the Parliament.
Can the judiciary review its opinion on devolution and legislative competence?
No, the Court should not express its view on whether an issue was better legislated by Westminster or Holyrood.
The rules in SA 1998 must be interpreted in the same way as any other Act of Parliament.
