Territorial constitution Flashcards
What did the New Labour Government’s constitutional reform program introduce?
Introduced devolution, establishing a multipolar system with separate parliaments/assemblies and governments/executives in Westminster, Scotland (Edinburgh), Wales (Cardiff), and Northern Ireland (Belfast).
How did Brexit highlight division within the UK?
Brexit revealed the division within the UK, with England and Wales voting to leave the EU, while Scotland and Northern Ireland voted to remain.
What are the key features of the Scotland Act 1998 and 2016?
Established the Scottish Parliament with legislative powers and expanded autonomy, including tax-raising powers and recognition of the Scottish Parliament’s permanence.
How did the Government of Wales Acts and Wales Acts transform devolution in Wales?
Transitioned Wales from executive to legislative devolution, moving to a reserved powers model similar to Scotland.
What established the Northern Ireland Assembly?
The Northern Ireland Act 1998 established the Northern Ireland Assembly, with significant developments influenced by the Good Friday Agreement.
What is the difference between devolution and federalism?
Devolution is the transfer of powers from the UK Parliament to regional/sub-national bodies without relinquishing supremacy, while federalism involves sub-national units having supreme powers within their spheres.
What is the reserved vs. conferred powers model?
The reserved powers model (used in Scotland and Wales post-2017) specifies powers retained by the central government, devolving the rest. The conferred powers model specifies devolved powers explicitly.
What is the Legislative Consent (Sewel Convention)?
The UK Parliament will not normally legislate on devolved matters without consent from the devolved legislature, although this has been contested post-Brexit.
What was the outcome of Scotland’s Independence Referendum in 2014?
The referendum resulted in a “No” vote, but the debate continues, especially post-Brexit.
How has further devolution been achieved for Scotland and Wales?
Following referendums and commissions (e.g., Smith Commission, Silk Commission), Scotland and Wales have received expanded powers, including tax and borrowing powers.
What does the EU Withdrawal Act 2018 signify about the legal supremacy of Westminster?
Demonstrated the legal supremacy of Westminster, centralising powers returning from the EU and leading to conflicts over the “Sewel Convention”.
What political stance does Scotland currently hold regarding a second independence referendum?
Led by the SNP, Scotland is seeking a second independence referendum, citing Brexit as a material change in circumstances.
How is Wales moving forward in terms of constitutional reforms?
Led by Welsh Labour, Wales has moved towards a reserved powers model and is exploring further constitutional reforms, including further devolution
How has the Supreme Court influenced devolution?
Rulings on legislative competence and the justiciability of the Sewel Convention have had significant implications for devolution.
What role have commissions played in the process of devolution for Scotland and Wales?
(Which commissions can you mention?)
The Smith Commission (Scotland) and Silk Commission (Wales) recommended further devolution, influencing subsequent Acts.
