Topic 3. Multilayered Government: Devolution In The UK Flashcards
What is devolution
Latin ‘to roll down’
Devolution is the decentralisation of governmental power and describes the process of transferring power downwards from the centre (Westminster) to the separate nations and regions in the United Kingdom.
In theory devolution could be reversed and the legislation (Acts of Parliament) which brought it about could be repealed but in practical terms this would be inconceivable.
How is devolution different from a central system
This is distinct from a federal system in which power is divided and shared with the constituent parts having autonomy and sovereignty.
Assymetrical system of devolution
means that each of the devolved administrations – in Scotland, Wales and Northern Ireland – have varying levels of power and competences and a different form of devolution.
Such an approach is more flexible than a uniform system and enables the powers and competences devolved to be tailored to each region or state. And indeed within each state was a different desire for the level of independence and greater autonomy.
West Lothian question 1977
Raised in a debate - refers to the fact that MPs from Scottish, Welsh and Northern Irish constituencies can vote on matters which affect England but, because of devolution, MPs with English constituencies cannot vote on equivalent matters in the devolved nations.
Sewel convention
was included in the Scotland Act 2016 but remains a convention rather than a law.
This convention sets out the idea that ‘that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament’.
The fact that it remains a convention was clearly expressed by the United Kingdom Supreme court in R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5 at paragraph 148: the courts acknowledged the importance of the convention, highlighting the distinction between conventional enforcement and law.
McEldowney on devolution
“Devolution provides various powers to the nations, as a form of self-government, but this does not create any entrenched autonomous powers because devolution maintains the sovereignty of the UK Parliament. It is important to be clear in distinguishing devolution, where powers are transferred but the UK Parliament does not relinquish any of its sovereignty, from a formal federal system”
Definition of federalism
According to ‘The new Oxford companion to law’
Federalism is an organization of government in which the authority to govern is divided between a central national government on the one hand and a number of constituent regions, provinces, states, or other territorially distinct political authorities on the other hand.
