UK Devolution Flashcards

Question

Arguments for regional assemblies

Answer 1

• It would be a logical extension of the creation of devolved assemblies, which on the whole have worked well and proved popular • An English Parliament would resolve the West Lothian question, whereby Scottish, Welsh and Northern Irish MPs currently have a vote on matters that affect only England, whereas MPs from England are unable to vote on matters that have been devolved • It would allow an alternative electoral system to be used, as is the case elsewhere in the UK, and therefore resolve the issue of electoral reform

Answer 2

• There is no widespread support for such a measure. A referendum in 2004 to set up an elected assembly for the northeast was decisively rejected 78% to 22% • There are other ways to resolve the West Lothian question, such as English votes for English laws (EVEL). Under EVEL an extra stage was introduced in the middle of the law-making process, allowing English MPs to block anything they did not like in bills deemed to be 'England only'. EVEL was abolished in July 2021, however, as the government argued it was complex and time-consuming to the legislative process. • An English Parliament would raise the issue of what the role and purpose of the Westminster Parliament is, which could lead to more conflict between the UK and English prime ministers

Answer 3

• It would complete devolution and remove the current asymmetry. • It would enable English identity and culture to flourish. It would finally resolve the West Lothian Question. • There are growing calls for it from some politicians. Devolution has worked well elsewhere in the UK.

Answer 4

• England is different from the other regions in terms of size and its economy. What has worked in smaller parts of the UK may not automatically work in its largest region. • England largely lacks its own national identity. Culture and identity are much more regional. • There is no evidence of strong public support for an English parliament.

Answer 5

A lack of balance, used to refer to the way the system of devolution only applies to parts of the UK

Answer 6

Refers to the fact that, following devolution, MPs from the devolved regions still have the right to vote on matters that relate only to England but, by contrast, MPs from English constituencies cannot vote on issues devolved to the regions.

Answer 7

The legislative body and executive established in Scotland following the 1997 referendum, now elected on a 5-yearly basis with elections due in 2021 and 2026. It meets in the Holyrood area of Edinburgh so is often known as ‘Holyrood’.

Answer 8

The legislative body and executive established in Wales following the 1997 referendum, now elected on a 5-yearly basis with elections due in 2021 and 2026. Since 2020, the correct title for the body is Senedd or Welsh Parliament

Answer 9

The legislative body and executive established following the 1998 referendum, now elected on a 5-yearly basis with elections formally due next in 2027.

Answer 10

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

Answer 11

The EVEL process operated in the House of Commons from 2015 until its suspension in 2020. The standing orders relating to EVEL procedures were rescinded following a decision of the House on 13 July 2021. While in use, EVEL was designed to ensure that legislation that affected only England

Answer 12

People in England and Northern Ireland could travel long distances for a beach visit or to walk in the countryside, but could not drive into Wales or Scotland to do the same. Shops and schools reopened earlier in England and Northern Ireland than in the other two regions. The key point is that the decisions were decided regionally. Even as prime minister, Boris Johnson could not determine the scale or pace of lifting the lockdown beyond England. and even the initial lockdown had to be undertaken in close collaboration with the leaders of the three devolved regions.

Answer 13

the notion that judges are free from government interference (i.e. they are independent)

Answer 14

the notion that judges are neutral/ objective when it comes to making their judgments and are not swayed by personal opinion or popular pressure

Answer 15

The judiciary is separate, both physically and in terms of personnel, from parliament and the government. This is seen as crucial to judicial independence and upholding the rule of law.

Answer 16

everyone is subject to the law of the land, including the government. If governments or other public bodies are deemed by the courts to have exceeded their powers, their actions are declared ultra vires, i.e. beyond the power of the law and therefore illegal, and must be reversed.

Answer 17

A judicial review is a court proceeding in which judges review the legality of a decision or action made by a public body including the government. Any challenge is to the way in which a decision has been made, i.e. about processes, not the rights and wrongs of the conclusion reached

Answer 18

• Judges, unlike MPS, are unelected and cannot be removed easily • The Human Rights Act 1998 means judges get involved in politics and often clash with the government, undermining both parliamentary sovereignty and democracy • Judges make decisions that can have a huge impact, including over life and death (e.g. cases involving assisted dying or switching off life-support machines).

Answer 19

• Judges only interpret laws passed by parliament. Parliament has chosen to sign up to the European Convention on Human Rights (ECHR) and to pass the Human Rights Act 1998, and could equally opt to reverse both actions. • Judges are very experienced legal professionals who are properly trained in looking at complex and difficult cases impartially. They are better suited than politicians who might be swayed by public opinion and the media. • The courts make sure that those in power stick to the rules themselves. This is a necessary check to avoid arbitrary government. No one is above the law, even ministers, police and the armed forces

Answer 20

The Constitutional Reform Act 2005 reduced the power of the Lord Chancellor, placing most senior judicial appointments into the hands of a new, independent Judicial Appointments Commission (JAC). It was hoped that this change would enhance the separation of powers and result in a senior judiciary that was more socially representative of the broader population. The Act also provided for the creation of the Supreme Court, in which 12 justices would sit and discharge the roles previously performed by the Law Lords, who had sat as the highest court of appeal in the Appellate Committee of the House of Lords

Answer 21

• candidates must have either held high judicial office for at least 2 years or been a ‘qualifying practitioner’ for a period of 15 years. A ‘qualifying practitioner’ is someone who: • has a senior courts qualification • is an advocate in Scotland or a solicitor entitled to appear in the Scottish Court of Session and the High Court of Justiciary • is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland