L.5 Devolution

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Questions and Answers

What does devolution primarily involve in terms of legislative powers?

Delegation of central legislative powers without losing sovereignty (correct)

Creation of entirely new sovereign states

Establishment of a unitary constitution with no local powers

Complete relinquishment of central sovereignty

Which Act established a Parliament in Edinburgh?

Greater London Authority Act 1999

Northern Ireland Act 1998

Scotland Act 1998 (correct)

Government of Wales Act 1998

What are 'reserved matters' under the Scotland Act 1998?

Areas exclusively governed by the Scottish Parliament

Issues that require immediate parliamentary consent

Powers delegated to local governments in Scotland

Competence that remains under Westminster's authority (correct)

What is the role of the Supreme Court regarding devolution?

It assumed jurisdiction for devolved matters in 2009. Signup and view all the answers

Which of the following is a limitation set by the Scotland Act 1998 for the Scottish Parliament?

Legislation beyond Scottish territory Signup and view all the answers

What is the Sewel Convention as defined in the Scotland Act 2016?

A principle that Westminster should not legislate on Scottish matters without consent Signup and view all the answers

Which matter is NOT considered a reserved matter under Schedule 5 of the Scotland Act 1998?

Health policies in Scotland Signup and view all the answers

What is a result of the West Lothian question?

Scottish ministers are not accountable to Westminster. Signup and view all the answers

What does Section 28(7) of the Scotland Act 1998 clarify regarding the Scottish Parliament's legislative competence?

It allows Westminster to make laws for Scotland regardless of devolved powers. Signup and view all the answers

What was established by the Scotland Act 2016 regarding the Sewel Convention?

It codifies the Sewel Convention into law. Signup and view all the answers

In which case did the Supreme Court assert that devolved legislatures had no legal veto on the UK's withdrawal from the EU?

R (Miller) v Secretary of State for Exiting the European Union Signup and view all the answers

What significant change did the Government of Wales Act 2006 implement regarding legislative powers?

It transformed the legislative model to a 'reserved powers' model. Signup and view all the answers

What does the Wales Act 2017 specifically require for the abolishment of the National Assembly for Wales?

A referendum is required. Signup and view all the answers

According to the Northern Ireland Act 1998, what is required for a referendum on independence?

Approval from Westminster and the Republic of Ireland. Signup and view all the answers

What area did the Northern Ireland Act 2009 primarily address?

Judicial appointments and powers of the Lord Chancellor. Signup and view all the answers

Which of the following is a key feature of the Good Friday Agreement?

Encouraging former political opponents to govern together. Signup and view all the answers

What does the concept of devolution generally allow in the context of the UK government?

Distribution of powers to regional governments. Signup and view all the answers

Why is it questioned whether the doctrine of the supremacy of Parliament is redundant?

Because of the evolving nature of devolved governance. Signup and view all the answers

What is a primary characteristic of federalism as described in the context of devolution?

Legislative functions are geographically and symmetrically divided. Signup and view all the answers

Which of the following Acts contains restrictions on the ability of the Scottish Parliament to amend certain laws?

Scotland Act 1998 Signup and view all the answers

Which body assumed jurisdiction over devolution matters in 2009?

Supreme Court Signup and view all the answers

What does the term 'reserved matters' refer to in the context of the Scotland Act 1998?

Competencies strictly managed by Westminster. Signup and view all the answers

What does Section 37 of the Scotland Act 1998 state regarding the Acts of Union 1706?

They remain in force and can only be overridden by Westminster. Signup and view all the answers

Which of the following is NOT a reserved matter as per Schedule 5 of the Scotland Act 1998?

Education policy Signup and view all the answers

The Sewel Convention, as referenced in the Scotland Act 2016, establishes which principle regarding legislation?

Legislation affecting Scotland should typically have Scottish Parliament approval. Signup and view all the answers

What is the main concern raised by the West Lothian question?

How Scottish representatives vote on English-only matters. Signup and view all the answers

What significant change does the Scotland Act 2016 implement regarding the UK Parliament's legislation on devolved matters?

It requires UK Parliament to obtain consent from the Scottish Parliament before legislating on devolved matters. Signup and view all the answers

What is the main focus of the Northern Ireland Act 2009?

Transferring powers related to Justice and Policing. Signup and view all the answers

Which statement accurately describes the implementation of the reserved powers model by the Wales Act 2017?

It established the Welsh Assembly as a body with greater autonomy in legislation. Signup and view all the answers

What was one key outcome of the Supreme Court case R (Miller) v Secretary of State for Exiting the European Union?

The UK government must obtain approval from devolved bodies for Brexit implementation. Signup and view all the answers

What does the term 'devolved matters' refer to in the context of the Scotland Act?

Issues that have been transferred to the Scottish Parliament for local governance. Signup and view all the answers

Which of the following highlights a key aspect of the Government of Wales Act 1998?

It introduces limited legislative powers for the National Assembly. Signup and view all the answers

What is required according to the Northern Ireland Act 1998 for a referendum on independence?

Agreement from the UK Parliament and the Republic of Ireland. Signup and view all the answers

What constitutes a potential consequence if Westminster unilaterally abolishes devolution acts?

It may lead to widespread political unrest and calls for independence. Signup and view all the answers

Which of the following best characterizes the legislative competence of the Scottish Parliament as defined in the Scotland Act 1998?

It is defined only by the powers granted by Westminster. Signup and view all the answers

Which of the following powers remains exclusively with Westminster under the Scotland Act 1998?

Defence and national security Signup and view all the answers

What does Section 29 of the Scotland Act 1998 specify about legislative powers?

Scottish Parliament cannot alter laws outside its jurisdiction. Signup and view all the answers

Which committee has jurisdiction over devolution issues?

Joint Ministerial Committee on Devolution Signup and view all the answers

What principle does the Sewel Convention establish regarding Westminster's legislation on devolved matters?

Consent from Scottish Parliament is generally required for Westminster to legislate. Signup and view all the answers

According to the Scotland Act 1998, what is NOT a reserved matter?

Local government decisions Signup and view all the answers

What amendment did the Government of Wales Acts introduce regarding legislative powers?

Adopt a reserved powers model for Wales. Signup and view all the answers

Which statement about the Supreme Court's role in devolution is accurate?

It replaced the House of Lords as the main court for devolved matters. Signup and view all the answers

What is a potential consequence if Westminster overrides devolved acts?

It may lead to legal challenges in the Supreme Court. Signup and view all the answers

What key power was added to the Scottish Parliament through the Scotland Act 2016?

Power regarding abortion laws Signup and view all the answers

What does the Sewel Convention recognize regarding UK Parliament's legislation on devolved matters?

It indicates that Parliament will not normally legislate on devolved matters without consent. Signup and view all the answers

According to the Northern Ireland Act 1998, what needs to happen for the results of an independence referendum to take effect?

Approval from Westminster and the Republic of Ireland Signup and view all the answers

What major transformation did the Wales Act 2017 implement regarding the governance of Wales?

Introduced income tax powers to the National Assembly Signup and view all the answers

What is a key feature of the Good Friday Agreement as referred to in the Northern Ireland Act 1998?

Promotion of power-sharing among former political opponents Signup and view all the answers

What did the Supreme Court declare regarding the legal authority of devolved legislatures in relation to Brexit?

Devolved legislatures have no legal veto on the UK's withdrawal from the EU. Signup and view all the answers

Which of the following describes the shift in legislative powers introduced by the Government of Wales Act 2006?

From solely administrative functions to legislative powers Signup and view all the answers

What does the term 'constitutional acts' refer to in the context of the devolution debate?

Laws that establish the framework for governance and may be entrenched Signup and view all the answers

What is a significant concern regarding the principle of Parliament's supremacy in relation to devolved powers?

The doctrine of Parliament's supremacy may be viewed as outdated in practice. Signup and view all the answers

Study Notes

Devolution in the UK

Devolution is the delegation of central legislative and/or executive powers without relinquishing sovereignty.
Federalism is a constitutional division of legislative functions geographically between federal and provincial bodies, each with some autonomy.
Devolution involves establishing national legislatures with law-making powers outlined in the UK Parliament's constituent Acts. The UK Parliament retains supreme authority.
Devolution in the UK is a system where the UK Parliament grants powers to regional bodies (e.g. Scotland, Wales, Northern Ireland).
The UK Parliament retains overall sovereignty, meaning it is not completely relinquished to the regional bodies.

Key Acts and Legislation

Scotland Act 1998: Created a Scottish Parliament in Edinburgh with legislative powers (e.g., health, education, justice). This act established the Scottish Executive with powers outlined in the act itself, including powers over areas such as health, education, justice, and housing.
Scotland Act 1998, Section 28(7): Clarifies that the Scottish Parliament's legislative competence doesn't affect Westminster's power to legislate for Scotland.
Scotland Act 1998, Section 29: Limits the Scottish Parliament's ability to change UK laws, EC/EU obligations, the Human Rights Act, and rights derived from it. Highlights the limitations on Scottish law-making.
Scotland Act 2016: Codified the Sewel Convention, requiring UK Parliament consent before legislating on devolved matters. Expanded powers over specific areas like abortion.
Government of Wales Acts (1998, 2006, 2017): Established the National Assembly for Wales with initially limited powers. The 2006 Act enhanced powers to create primary legislation, changing the model from 'conferred powers' to 'reserved powers'. 2017 shifted to a reserved matters model, including income tax powers.
Northern Ireland Act 1998: Created the Northern Ireland Assembly, defining reserved powers. Crucial given agreements like the Good Friday Agreement and St. Andrew's Agreements aimed at power-sharing in region. Northern Ireland is part of the UK.
Northern Ireland Act 1998, section 1(2): Allows for a referendum on independence, with results subject to Westminster approval.
Northern Ireland Act 2009: Finalized power transfer for justice and policing, impacting the Department of Justice for Northern Ireland.
Greater London Authority 1999 (amended 2007): Details about the Greater London Authority, including amendments to its powers.

Powers and Limitations

Reserved Matters: Areas of legislative competence retained by the UK Parliament (e.g., defence, international relations, economic policy, union with England, matters affecting the Crown, civil service).
Scotland Act 1998, Schedule 5 (Reserved Matters): Lists reserved matters for the UK Parliament, including political parties, UK Parliament, higher Scottish courts, international relations, defence, economic policy, border controls, and media policy.
Sewel Convention (and Scotland Act 2016): A convention that normally prevents UK Parliament from legislating on devolved matters without devolved administration consent (codified in the Scotland Act 2016).
West Lothian Question: Westminster MPs cannot sit in devolved parliaments, allowing Scottish MPs to vote on matters affecting only England, raising issues of political representation. Scottish ministers are accountable to Westminster.
Scotland Act 1998, Section 37: Affirms the Acts of Union (1706) are still enforced by Westminster. Only Westminster can override these acts. This underlines the UK's unitary constitution.

Court Jurisdiction

Supreme Court: Assumed jurisdiction from the Privy Council in 2009, responsible for applying and interpreting devolution rules.
Joint Ministerial Committee on Devolution (JMC): Resolves disputes and manages devolution-related issues.

Specific Issues and Judgments

Miller vs Secretary of State for Exiting the European Union: Supreme Court ruled devolved legislatures had no legal veto on UK's EU withdrawal. However, UK government acknowledged a need for devolved agreement on Brexit legislation.
Scotland Independence Referendums: Processes for future referendums are determined by specific criteria.
- Supreme Court clarified the required legislative process for Brexit legislation
European Union related Legislation (R (Miller) v Secretary of State for Exiting the European Union): The Supreme Court ruled the devolved legislature had no legal veto on the UK's withdrawal from the European Union, however, the UK government accepted that legislation to implement Brexit does require devolved agreement.

Key Aspects of Each Devolution Act

Scotland Act: Established law-making powers, defined reserved matters, and addressed the West Lothian Question.
Wales Act: Increased legislative powers, with the 2006 Act enabling primary legislation, moving from a 'conferred powers' to a 'reserved powers' model. The 2017 Act established a reserved matters model, introduced income tax powers, and included a provision regarding the potential abolition of the National Assembly for Wales.
Northern Ireland Act: Created the Northern Ireland Assembly, outlining reserved matters and critical for understanding power-sharing agreements, particularly given recent challenges in Northern Ireland and agreements aimed at promoting peace, such as the Good Friday Agreement.

Devolution and Supremacy of Parliament

Devolution acts are analyzed for their constitutional and political implications on the UK's unitary constitutional monarchy. It's not just a straightforward process. Implications of UK Parliament's actions, court rulings, and potential for abolishment are examined. The possible political/legal entrenchment of devolution, or its lack thereof, is a matter of debate.

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Description

Explore the process of devolution in the UK through this quiz, which covers significant acts such as the Scotland Act 1998 and the Northern Ireland Act 1998. Understand the implications of these laws on the governance of Scotland, Wales, and Northern Ireland. Test your knowledge on the key legislative changes and their impact on regional autonomy.