PUBLIC LAW L4 - Separations of Power - DEVOLUTION Flashcards
Describe how the UK evolved to be. (5)
In Wales act of 1535-1545 welsh territories were incorporated into the kingdom of england.
1707 was the date of political union between england and scotland to form great britain.
In 1801 The acts of union joined ireland to england, wales and scotland to create the unites kingdom of great britain and ireland.
In 1922 southern and western ireland seceded from the uk.
The uk now consists of england, wales, scotland and northern ireland.
What does devolution refer to? (4)
The grant by which the parliament of the uk, of legislative powers to devolved legislatures and administrations/ executives which are:
The scottish parliament and scottish government
The national assembly for wales and the welsh government
The northern ireland assembly and the northern ireland executive.
Which are the devolved nations? (3)
scotland, wales and northern ireland.
What is the responsibility of the HM Treasury? (1)
For fiscal policy and public expenditure across the whole UK but devolved nations set their own budgets.
What is the purpose of ‘spending reviews’? (2)
To determine funding for devolved nations, these are scrutinised by Parliament.
What is devolved legislation? (2)
It is produced by a devolved parliament or assembly, it cannot be created without the enabling powers of an act of the uk parliament.
What are devolved matters? (2)
Areas of government where decision-making has been delegated by the UK parliament to a devolved administration but it is still subject to review by the Supreme Court.
What are reserved matters? (2)
Areas of government over which decisions are still taken by Parliament at westminster, even though they have effect in scotland, wales and northern ireland, e.g. immigration and defence.
Can UK parliament legislate on devolved matters? (1)
Yes, but first it should obtain the approval of the devolved parliament or assembly first.
What is the purpose of devolution? (3)
It is designed to decentralise government power and bring it closer to the people governed so that local facts are given more prominence in decision-making. It is a form of separation of power as it supposedly prevents excessive concentration of power.
What acts of uk parliament extend to scotland, wales and northern ireland generally? (1)
If they deal with reserved matters such as immigration.
What may the supreme court do in regards to devolved legislation? (1)
It may decide devolved legislation is not law if the legislation of devolved administrations goes beyond their scope of legislative competence.
