Public Law 9 Flashcards
What type of state is the UK?
A union state.
Not a typical unitary state.
Why is the UK a union state?
Governmental power operates at different levels, such as local, regional.
Most importantly, powers are devolved to Scotland, Wales, and Northern Ireland.
What do federal states require and why is the UK not classed as a federal state?
A federal state requires 3 things:
- Codified and Rigid Constitution.
- Bicameral legislature.
- Equal representation.
However, the UK counteracts this as its constitution is uncodified and flexible and Parliamentary sovereignty prevents equal representation.
Why has devolution been regarded as a “disaster”?
- ‘A process not an event’
- Has been a form of ‘demand and supply’ within the devolution
settlements - The range of powers for devolution settlements has increased
Facts about devolution to Wales?
Firstly, the Government of Wales Act 1998 differed greatly from Northern Ireland and Scottish Devolution as originally, the Welsh government could only make secondary legislation.
The Government of Wales Act 2006 made significant changes as the Welsh Government was consulted before any Westminister legislation (law-making powers).
The Government of Wales Act 2017 brought it more in line with Scottish devolution.
Facts about devolution of Northern Ireland?
The Northern Ireland Act 1998 means Northern Ireland will remain part of UK until majority decides to leave in a referendum.
Devolution progress was impeded by the peace process in 2002.
However, after 5 years the devolved government was restored in 2007.
Facts about the devolution of England?
England contains no devolved institutions. Although, Greater London does have a form of regional government with elected mayors introduced to 9 regions.
Is it legitimate for MPs representing non-English constituencies to vote on legislation that affects only England?
No. Due to this the EVEL procedure was introduced. Under EVEL, legislation that affects only England requires the support of a majority of MPs representing English constituencies.
Does the EVEL still exist?
No, the EVEL was abolished in 2021 due to the government citing the complexity and delay it added to the legislative process.
What is the extent of devolved legislatures’ legislative power?
All devolved legislatures have general competent legislative power due to the reserved powers model.
This includes Wales (2017 Act).
Who decides disputes as to whether legislative competence is breached?
Judicial resolution – ultimately, UK Supreme Court.
What are the implications of devolution for legal and political constitutionalism?
Judicial resolution of devolution issues policed by the Supreme Court.
Legislation on devolved matters (sewel convention).
What is the sewel convention?
A constitutional convention in the United Kingdom that governs the relationship between the UK Parliament and the devolved legislatures of Scotland, Wales, and Northern Ireland.
This convention establishes that the UK Parliament will “not normally” legislate on devolved matters without the consent of the relevant devolved legislature.
What does the Scotland Act 1998 detail?
- Establishes Scottish Parliament.
- Formation of Government (parliamentary model based on the Westminster system).
- Scottish Administration.
- How disputes will be settled.
- Listed the matters reserved for Westminster with all other matters being devolved to the Scottish Parliament – reserved powers model.
Is the Scottish constitution codified?
No, the Scottish constitution is uncodified much like the UK’s constitution.
