Public Law I - Legislative Competence

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Questions and Answers

What is meant by legislative competence in the context of the Scottish Parliament?

The authority of the Scottish Parliament to make laws within devolved areas (correct)

The shared powers of local councils across Scotland

The ability of the Scottish Parliament to modify UK laws

The exclusive power of Westminster to create laws in Scotland

Which statement accurately reflects the relationship between the Scottish Parliament and the UK Parliament?

The UK Parliament can only modify laws made by the Scottish Parliament with consent.

The Scottish Parliament operates independently without any interference from Westminster.

The Scottish Parliament has the ultimate legislative authority over all matters.

The Scottish Parliament is subordinate to the UK Parliament and its powers can be revoked. (correct)

What type of matters fall under the exclusive competence of the Westminster Parliament?

Reserved matters that require Scotland to seek approval for any changes (correct)

Only constitutional matters as specified in the Scotland Act

Exclusively those matters related to taxation and public finance

Any matters that are not expressly reserved to Westminster

Which of the following is considered a protective enactment from modification by the Scottish Parliament?

The Scotland Act itself as referenced in schedules Signup and view all the answers

Which of the following statements about retained EU law is true concerning the Scottish Parliament's legislative powers?

The Scottish Parliament must comply with retained EU law as of the EU (Withdrawal) Act 2018. Signup and view all the answers

What must a Scottish Minister state regarding a Bill's competence?

That the Bill is within legislative competence. Signup and view all the answers

Under what condition may the Presiding Officer not forward a Bill for Royal Assent?

If the Bill is referred to the Supreme Court. Signup and view all the answers

How long does the period last for referring a Bill to the Supreme Court for legislative competence?

Four weeks from passing. Signup and view all the answers

What is the courts' approach to interpreting the Scotland Act 1998 (SA 1998)?

They interpret it in the same way as any other Act of Parliament. Signup and view all the answers

What limits Holyrood's capacity to legislate?

Limits set by law and enforceable by the courts. Signup and view all the answers

Which statement is true regarding Holyrood's legislative powers?

Holyrood's authority is subject to oversight and can be challenged. Signup and view all the answers

In the context of legislative competence, what is important about the interpretation of the SA 1998?

There is no presumption that an Act is within competence unless proven otherwise. Signup and view all the answers

What does the Supreme Court decide concerning legislative competence?

Whether the legislative competence issues pertain to SA 1998. Signup and view all the answers

Study Notes

Public Law I - Sources of Power - Legislative Competence

Learning Objectives: Understand the nature and extent of the Scottish Parliament's legislative competence, how it's controlled, and how limits are enforced.

Scotland - Legislative Competence

Legislative Competence: The power to create laws.
Devolution (1 July 1999): The Scottish Parliament gained legislative competence in areas devolved from the UK Parliament.
Shared Competence: The Scottish and UK Parliaments share legislative authority in some areas. Scotland Act 1998, section 28(7) clarifies that the UK Parliament retains power to make laws for Scotland.
Reserved Matters: Certain areas, like taxation and defense, remain the UK Parliament's exclusive responsibility.
Subordination: The Scottish Parliament's power is subordinate to the UK Parliament, meaning its powers can be modified, extended, or revoked.

Reserved Matters Model

Areas Not Reserved: Matters not specifically reserved for the UK Parliament are within the Scottish Parliament's legislative competence (Scotland Act 1998, Schedule 5).
Protected Enactments: Certain enactments of the Scotland Act 1998 (e.g., the principal features of devolution) cannot be modified by the Scottish Parliament.
Retained EU Law: Post-Brexit, the Scottish Parliament retained powers over EU law under the Scotland Act 1998, section 30A.

Controlling Legislative Competence

Pre-Assent Checks: Checks on legislative competence before a Bill becomes law.
Ministerial Confirmation: A Scottish Minister ensures the Bill falls within legislative competence.
Presiding Officer's Decision: The Presiding Officer decides if a Bill is within the legislative powers of the Scottish Parliament. The Officer can refer to the Supreme Court if it is unclear.
Supreme Court Reference: The Supreme Court can be asked to decide on legislative competence.
Time Limit: References to the Supreme Court can take place within four weeks of the Bill being passed by the Scottish Parliament.

Judicial Review of Competence

Judicial Review: Courts have the role of arbitrating and providing guidance on what is within the competence of the Scottish Parliament.
Competence Determines: Questions of competence are determined by applying Scotland Act 1998, section 29 and Schedules 4 and 5.
Interpreting Acts: The rules in the Scotland Act 1998 should be treated as comparable to any other UK Act of Parliament.
Limited Powers: Holyrood's powers are defined by law.
No Parliamentary Sovereignty (Holyrood): Holyrood does not enjoy unlimited legislative power.
Westminster Can Still Act: The UK Parliament maintains the power to legislate for Scotland.

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Description

This quiz explores the legislative competence of the Scottish Parliament, including devolution and the balance of power with the UK Parliament. You will learn about reserved matters and how legislative authority is shared. Test your understanding of the complex legal framework that shapes Scotland's governance.