Territorial Constitution

Question 1

Reserved v Conferred
+ key terms

Answer 1

Reserved = statute sets out the powers retained by the central government and everything not mentioned is devlolved
Conferred = statute sets out what is devolved and what is not mentioned is not
unitary state
asymmetrical devolution

Question 2

History of devolution

Answer 2

• failed attempts for devolution in 1978/9
• New Labour government 1997 devolution referedums as many constitutional reforms [HoL reform, creation of SC, CRA ‘05, HRA, FoIA
• 50.3% yes Wales vs. 74% yes and tax raising powers Scotland
• This led to the Scotland Act 1998, the Government of Wales Act 1998, the Good Friday Agreement 1998, and the Northern Ireland Act 1998

Question 3

Scotland

Answer 3

• Reserved powers model - such as on foreign affairs, defence, immigration
• SC can strike down Scottish legislation
• Additional members system
• tax varying powers increased in 2012 Scotland Act
• Scotland Act 1998 = s.28(7) maintains parliamentary sovereignty as parliament can still legislate for Scotland + s.29 limits parliaments as they cannot legislate out of their powers
• 2014 independance referendum - narrowly ‘no’, resulted in expansion of devolution in 2016 as a concession
• Sewel Convention = Parliament won’t normally legislate without Scotland’s consent [a guarantee to devolution]

Question 4

Wales

Answer 4

• National Assembly for Wales
• conferred powers model
• Additional Members system
• legislative devolution following a referendum in March 2011
• Still no judiciary

Question 5

Northern Ireland

Answer 5

• devolution in NI is no binding so that they can unify with Ireland
• Good Friday Agreement 1998 = ‘constructive ambiguity’ so that it can be widely interpreted
• reserved powers model
• First Minister and Deputy Minister must be from different traditions
• Committees and chiarmen appointed in proportion to party strengths
• provisions for a referendum to join the RoI = border poll in s.1 sch.1 NIA1998, when it appears likely that a majoirty will vote to unify
• strong anti-discrimination laws and emphasis on human rights

Question 6

England

Answer 6

• no English Parliament
• Greater London Authoirty Act 1999 = London Mayor
• Kilbrandon Commission = England has a far bigger population than S and W, so an English parliament would dominate Wesminster
• English Votes for English Laws [EVEL] 2015 - failed due to gridlock
• 2024 King’s Speech = Starmer promised furtehr devolution through the expansion of the mayoral system