Topic 6- Territorial Constitution

Question 1

Devolution

Answer 1

Transfer of powers to subnational bodies

P transfers his powers while remaining sov

Question 2

Federalism

Answer 2

Where subnational territories cannot be overridden by Gov
Form of ‘self rule’

Question 3

3 forms of Devolution

Answer 3

Legislative- powers transferred to enact legislation- but ultimately overridden by an AoP

Seen in Scotland and NI

Executive- central G

WELSH ASS

Question 4

Reserved v Conferred Powers

Answer 4

Reserved powers model: governing statute sets out powers retained at the centre and devolves everything else

Conferred powers model: governing statute sets out devolved powers (in other words, what is not specified is not devolved)

Question 5

Criticisms around the UK territorial constitution:

Answer 5

Moving towards a ‘quasi-federal’ direction

Elements of centralisation in light of Brexit- reassertion of the older British tradition

In crisis in light of Scotland

Question 6

Competing interpretations of what the UK is:

Answer 6

Unitary nation-state: understanding of the UK as a unitary state founded on parliamentary sovereignty. (Think Dicey!)

plurinational union: ‘family of nations’ view taken by pro- devolution

Question 7

Scotland

Answer 7

Follows the same electoral system as England

Reserved powers model: reserved matters= foreign affairs, finance, defence, immigration and nationality

Limited in competence: Acts beyond the powers of Scottish P are void s29 (1)- SC has the final say

Question 8

Scotland Act 1998 -> 2012 -> 2016

Answer 8

s 29 (1) Can only legislate on devolved matters

Under 2012 Act given more fiscal responsibility

Question 9

Scottish Independence referendum 2014

Answer 9

Voted NO- 55%

Does Brexit warrant another?

Question 10

Scotland Act 2016 More Expansion

Answer 10

PM set up the Smith Commission

Question 11

Smith Commission

Answer 11

Lord Smith (non political)
2 reps from Scotland’s biggest 5 parties( pro Scottish independence)
Labour, Conservatives and Liberal Democrats (pro union)

Question 12

Smith Commission Main points:

Answer 12

More stable devolution- to allow Scotland to pursue its own vision but still beneath UK P

Increase in P accountability

Scottish P/ G made permanent in UK legislation

Question 13

Quasi Federal System

Answer 13

A federal set-up where despite having two clear sets of government – central and the states, more powers are given to the Central Government

Question 14

Legislative Consent (Sewel) convention

Answer 14

UK P retains absolute S on all matters whether devolved or not

Will not usually legislate on devolved matters- unless it has agreement of the devolved legislature

Question 15

Brexit and TC

Answer 15

Underlined the supremacy of P