The Constitution Flashcards
What does devolution mean?
The transfer of political power, but not sovereignty, from central government to subnational government.
Which body has the most devolved power?
The Scottish Parliament as it has primary legislative powers (authority to make laws on devolved policy areas).
Which body has had a recent expansion of its powers?
Senedd (Welsh Parliament)- gained primary legislative authority in devolved matters after 2011 Welsh devolution referendum (whether the National Assembly of Wales should have full law-making powers in the 20 subject areas where it has jurisdiction, 63% yes, 35% turnout). Gained tax-raising powers under Wales Act 2017.
Which body has limited powers and why?
Northern Ireland Assembly has primary legislative powers but only limited powers over tax because of controversy.
What is primary legislative power?
The authority to make laws on devolved policy areas.
Devolution is a response to what type of pressure? What’s its definiton?
Nationalism- a political idealogy/movement that regards the nation as the main form of political community and believes that nation should be self-governing.
What method is used to determine if citizens want a devolved government?
Referendums
What is an example of a successful attempt to establish a devolved government?
Blair’s 1997 government held referendums in Scotland and Wales to approve its policy on devolution. In Scotland, 74.3% supported a Scottish Parliament and 63.5% supported tax-varying powers. In Wales, 50.3% voted ‘yes’ to a Welsh Assembly.
What is an example of an unsuccessful attempt to establish a devolved government?
1979 Labour government under Callaghan held referendums for Scotland and Wales’ devolution. With Welsh devolution, only 20% backed an Assembly. In Scotland, 52% supported devolution but Westminster stipulated that an Assembly would not be created unless it was supported by 40% of the Scottish electorate- and only 33% of the electorate voted ‘yes’.
What is the government structure and what are the devolved powers of the Scottish Parliament?
Government structure- 129 members, 73 MSPs are elected in single member constituencies using FPTP. 56 MSPs are additional members chosen from Party lists. They’re elected in 8 multi member regions each of which elect 7 members using the regional list system of PR. Distribution of seats reflects more accurately the share of the vote won by the parties.
Devolved powers- Scotland Act 1998 have the Scottish Parliament primary legislative powers in a range of policy areas including law and order, health, education, transport, the environment and economic development. Westminster no longer makes law for Scotland on these matters. The Scottish Parliament also has tax-raising powers and has passed over 300 pieces of legislation since its creation.
What are the Scottish Parliament’s reserved powers and further devolution and independence?
Reserved powers- Limits on Scottish Parliament’s legislative powers were established by the Scotland Act 1998, meaning the ‘rescued powers’ remain the sole responsibility of Westminster, including the UK constitution, foreign policy (EU relations included) and nationality and immigration. Scotland Act 1998 stated that Westminster remained sovereign in all matters so in theory, abolishes the devolved institutions. But the Act says that Westminster can’t legislate on devolved matters without consent, the Scottish Parliament and government are a ‘permanent part of the UK’s constitutional arrangements’ and that they cannot be abolished unless approved by a Scottish referendum. Westminster has ultimate control as Scotland wanted to lower the age to transition but the Tory government vetoed legislation. Scottish Court rules UK veto of gender recognition bill as unlawful.
2014 Independence referendum- Yes Scotland campaign, fronted by SNP, argued that people of Scotland were best placed to make decisions that affect Scotland and highlighted economic and social policies that an SNP government would pursue. SNP wanted an independent Scotland that was part of a ‘personal union’ with the UK. Wanted to keep Queen as head of state and the pound in a currency union with the UK. They wanted Scotland to have its own written constitution and full responsibility for welfare, foreign and defence policy. Pro-Union campaign, Better Together, was supported by Labour, Tories and LibDems- argued that Scotland enjoyed extensive devolution and economic, political and cultural benefits of the Union. Independence means a poor economy and no currency union with the UK (said by UK Treasury). European Commission said independent Scotland wouldn’t automatically be an EU member. Results were 55.3% ‘no’ vote, 44.7% yes, turnout was 84.5%.
Further devolution- Final stages of referendum campaign, leaders of 3 main UK parties vowed to deliver further devolution in the event of a ‘no’ vote. Result was Scotland Act 2016, it devolved control of income tax rates and bands and gave Scottish Parliament 50% of VAT revenue raised in Scotland. Also devolved powers over welfare benefits like disability and housing. Also support in parliament set to extent franchise for 16-17 year olds.
What is the government structure of the Senedd/Welsh Parliament?
-It was known as the national assembly for Wales until 2020.
-Has 60 members elected by AMS. 40 members are MPs of single member constituencies elected using FPTP and 20 of them are elected in 5 multimember regions using regional list system of PR.
-Welsh government create and implement policy.
-Became a separate body in 2007.
What are the devolved powers of the Senedd?
-The powers of the Welsh parliament have expanded since its creation.
-Devolved powers in Wales are not as extensive as those in Scotland.
-Wales has primary legislative powers.
-The government of Wales Act 2006 allowed the Assembly to gain primary legislative power through referendum where 64% votes ‘yes’.
What is the Wales Act 2017?
Under this Act:
-Wales moved to a system of reserved powers, similar to that of the Scottish Parliament.
-It delivers proposals made in a 2nd silk report (in the Conservative-LibDem coalition 2010-2015, an established silk commission was established to consider the transfer of further powers).
-It specified a list of matters that are referred to Westminster. All other matters are for the devolved government to decide.
-It put the Welsh Assembly into the constitution, so that devolution is acknowledged.
-It gave Wales their own rate of income tax.
Why is Northern Ireland’s devolution different?
Communal conflict- The main political divide in NI is between the Unionists and Nationalists. Unionists want to remain part of the UK and identify with the British state. They tend to be Protestant. Nationalists favour a united Ireland. They identify as Irish and tend to be Catholic. They make up 45% of the population in NI.
Distinctive party system- Elections are contested between the Unionists and Nationalist parties, with the main issue being the constitutional status of NI. The main UK parties tend to not field any candidates in NI elections.
Security- In the past, terrorist campaigns by Republicans and Loyalists; paramilitary organisations killed over 3,600 people. This is known as the Troubles. The Irish Republican Army has agreed to a ceasefire sine 1995 but splinter groups are still present today.
Separate system of government- NI has been governed differently from the rest of UK. Between 1922-1972 it was the only part of the UK that had its own parliament. Then under direct rule, the secretary of state for NI is also distinctive as it’s designed so that Unionist and Nationalist parties share power.
What is the Good Friday Agreement and Northern Ireland Assembly’s power-sharing devolution?
-Years of negotiations between the UK and Irish governments and some of the NI political parties resulted in the 1998 Good Friday Agreement.
-It established power sharing devolution and required the UK and Irish governments to amend their constitutions to clarify the status of NI.
-The NI Assembly consists of 90 members elected by STV system of PR. The assembly has primary legislative powers in a range of policy areas. It does not have major tax raising powers, although responsibility for cooperation tax was devolved in 2015.
-Some legislative measures require cross-community support from both unionists and nationalist parties.
-Power-sharing devolution- a form of devolution in which special arrangements ensure that both communities in a divided society are represented in an executive and assert to legislation on sensitive issues.
What happens if Stormont (the Northern Ireland Assembly) isn’t sitting?
Westminster is running NI.
When has Stormont been suspended?
2002-2007- The Suspension lasted from Oct 2002-May 2007. It occured when unionist parties withdrew from the NI executive after Sinn Fein’s offices at Stormont were raided by police who were investigating allegations of gathering intelligence on behalf of the IRA.
2017-2020- In the wake of the Renewable Heat Incentive scandal, McGuinness resigned from his post in Jan 2017. This brought the end of almost a decade of unbroken devolutions. Sinn Fein withdrew from the Assembly, and a fresh election was held on 2nd March 2017.
2022-Present- The DUP refused to assent to the elections of a speaker, as part of protest against NI protocol, which meant that the Assembly could not contribute other business. Eg. they were unable to appoint a new executive.
What is devolution in England (an English Parliament and EVEL)
An English Parliament- England is the only part of the UK without a devolved parliament. Reasons for:
-would complete devolution for all home nations (equality)
-creates a federal system
-allows for an English identity
Reasons against:
-England is too big and would want too much power
-It would weaken central government and create tensions
-Limited support in England for a devolved government
‘English Votes for English Laws’ at Westminster- West Lothian Question is why can people in Scotland vote for laws that only matter in England but not the reverse?
Arguably Parliament doesn’t debate England-only issues frequently. 2003-2004 MPs voted on English hospitals and uni tuition (both devolved to home nations).
2015-2021 EVEL used the House of Commons to hear ‘England-only’ bills where only English MPs could vote them. However, all MPs could still vote the bills and potentially block them. There were only 51 bills heard using these rules and no one vetoed them. EVEL got suspended during the pandemic and fully scrapped in 2021.
What is regional government and local government in England?
Regional government- Blair proposed regional governments in England but these got rejected outside London. Regional assemblies could reduce quangos (like water and electric services oversight groups), enhance democracy and recognise strong regional identities (eg. Cornwall and Yorkshire). However, regional identities are rare, it would break up England further and there’s little public interest.
Local government in England- Local authorities are the closest form of government to the people. There are 58 unitary authorities (all local services), 24 county councils (some local services; education, policing etc.), 188 district councils (fewer local services: housing, refugees) that are divisions from county councils, 36 metropolitan borough councils, responsible for all local services in urban areas. 8 Metro Mayors were created from 2017-2019 that oversee policy for their area and work with the authorities in their area to coordinate government.
What is the impact of devolution on UK politics- what is a quasi-federal UK?
Limited parliament sovereignty- Westminster stays sovereign as it can overrule/abolish the devolved bodies legally. In practice, Westminster is no longer sovereign over domestic matters in Scotland, Wales and NI- it doesn’t have unlimited power. The Scotland Act 2016 and Wales Act 2017 established in statute that Westminster can’t normally legislate in devolved areas without consent and recognised that the devolved institutions are permanent features of the constitution. Acts further constrained parliamentary sovereignty by stating that devolution can only be overturned by a referendum.
Quasi-Federal Parliament- Westminster operates as an English parliament as it makes domestic law in England but is a federal parliament for Scotland, Wales and NI as it retains reserved powers on major UK-wide matters. MPs from Scotland, Wales and NI have few constituency responsibilities and deal mainly with economic and foreign affairs issues in the House of Commons.
Joint Ministerial Committee- UK ministers and their counterparts from the devolved administrations meet here to consider non-devolved matters which impinge on devolved issues (eg.Brexit) and resolve disputes. But meetings are infrequent, and the UK government is the lead player.
Supreme Court- The UK Supreme Court resolves disputes over competences by determining if the devolved bodies have acted within their powers. The Supreme Court confirmed that the Sewel convention on legislative consent is not legally binding.
What is the Sewel convention?
This applies when the UK Parliament wants to legislate on a matter within the devolved competence of the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly. Under the terms of the Convention, the UK Parliament will “not normally” do so without the relevant devolved institution having passed a legislative consent motion.
What is the impact of devolution on UK politics- policy divergence?
Prescription charges- England: £9.35 in 2021 but abolished in Scotland (2011), Wales (2007) and NI (2010)
Tuition fees-uni fees in England but no fees for Scottish students in Scottish unis, lower tuition fees for Welsh unis (tuition fees grant ended in 2018) and lower tuition fees for NI unis
Covid policies (Haywood)- Devolved powers used to deal with pandemic so 4 governments acted in different ways so lockdown rules were different across the UK. This policy divergence showed the benefits of devolution as they responded differently, but also drawbacks, eg. inconsistencies in messages given to citizens across UK. All 4 governments (UK and devolved) drew up the Coronavirus Act 2020, UK government increased funding to devolved instituitions. But, in England tensions as metro-mayors’ profile increased but the government’s refused to provide extra funding and ignored their request on regional lockdowns.
How is funding determined for devolved governments and how has this changed government spending across the UK?
It’s determined by block grants from the UK Treasury, the size of which is determined by the Barrnett formula. It translates changes in public spending in England into equivalent changes in block grants for Scotland, Wales and NI, calculated on the basis of relative population.
For 2020/21, spending per person on public services was 29% higher in Scotland and NI and 23% higher in Wales compared to England. Block grants decreased as Scotland and Wales gained more revenue-raising powers. In 2021, block grant for Scotland was £30m, for Wales £17m and for NI £15m.
Who has the strongest bond to their home nation’s identity and who has the weakest?
Based on how they identify (2021):
Scotland- 30% Scottish not British, 26 equally Scottish and British, 23 more Scottish than British
England-17% English not British, 35 equally English and British
Wales- 19% Welsh not British, 23 equally
Why is further devolution challenging in the present political climate?
Devolution hasn’t developed in a coherent fashion, important problems left unresolved.
How has Brexit impacted devolution? Which home nations supported Brexit (broadly)? NI? Further devolved powers? Sewel Convention?
England and Wales supported Brexit. Scotland and NI mostly voted to remain.
After Brexit, to prevent return of a hard border between NI and Republic of Ireland, EU and UK agreed to a NI protocol in the Withdrawal Agreement- NI remains part of EU customs union and single market for goods, but checks required on goods entering from rest of UK.
Internal Market Act 2020- limits on devolved powers and policy divergence. Also went against trend of further devolution by adding regulation of state and subisidies to list of reserved powers and giving UK government powers to provide financial assistance in devolved matters to any part of UK.
Sewel Convention- Westminster Parliament will not normally legislate on devolved matters unless it has the consent of the devolved legislatures.
What is the constitution and its function and examples?
The set of laws, rules and practices that create the basic institutions of the state and its components and related parts, and stipulate the powers of those institutions and the individual.
Its function is to establish the relationship between the state and its citizens- and also between the various institutions that constitute the state. It determines where decision-making authority resides.
Examples are where the power is held- PM, monarch, House of Lords and Commons and Supreme Court (not one source).
What is the Bill of Rights and its function and examples?
An authoritative statement of the rights of citizens, often entrenched as part of a codified constitution.
Function is to protect the basic rights of citizens and ensure they can’t be removed.
Eg. in the UK, the Human Rights Act
What is limited government and its function and examples?
A system in which the powers of government are subject to legal constraints as well as checks and balances within the political system.
Function is limiting any danger of an overmighty government and protecting the rights of citizens from arbitrary state power. It’s hard to change the constitution.
Eg. requirement of majority consent, no rule by decree, separation of powers, constitutionalism, independent courts, Bill of Rights
What is the codified constitution and its function and examples?
A single, authoritative document that sets out the laws, rules and principles by which a state is governed, and which protects the rights of citizens.
Its function is as a reference point for an evolving political system. Inflexible- a skeletal framework upon which other, lesser rules can be neatly hung. More legitimate as it’s hard to change as the rules are in one place.
Eg. US constitution was written to last, only been amended 27 times since it was drafted in 1787, including first ten amendments adopted 4 years later as the Bill of Rights.
What is the uncodified constitution and its function and examples?
A constitution where the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead, they are found in a variety of sources, some written (eg. statute law) and some unwritten (eg. convention).
Its function is to make it easier to change the constitution.
Eg. UK. Its constitution has been modified frequently in response to changing circumstances. More democratic as each successive generation can influence the constitution through the representatives they elect. 1997- new Labour gov had a wide-ranging constitutional programme, easy to implement
