Scotland Acts and Independence Referendum

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What was a significant outcome of the Scotland Act 1998?

It reinforced parliamentary sovereignty in the UK. (correct)

It abolished the Scottish Judiciary.

It devolved all powers to the Scottish Parliament.

It established the House of Lords in Scotland.

Which of the following powers were devolved through the Scotland Act 2012?

Defense policies.

Trade agreements.

Air weapons regulations. (correct)

Control over foreign affairs.

The result of the 2014 Independence Referendum indicated what about Scottish independence?

A majority of 55.3% voted against independence. (correct)

More citizens were undecided than those who voted.

The referendum resulted in a tie.

A significant majority favored independence.

What does the Sewel Convention being placed on a statutory footing imply?

There is a formal recognition of the need for Westminster to consult Scotland. Signup and view all the answers

Which of the following was a power devolved by the Scotland Act 2016?

Assignment of VAT revenues. Signup and view all the answers

What is one of the primary powers of the Prime Minister in relation to the Cabinet?

To make all appointments to ministerial office Signup and view all the answers

Which statement best describes the function of government departments?

They are branches that are financed by Treasury funds. Signup and view all the answers

What does the Ministerial Code regulate?

The behavior of ministers in government Signup and view all the answers

Which of the following is true about the Cabinet composition?

The Cabinet typically consists of 21-23 senior government Ministers. Signup and view all the answers

What is the overriding principle regarding ministers' financial interests?

Ministers must ensure no conflict arises between private interests and public duties. Signup and view all the answers

Which statement accurately describes the role of the Civil Service?

Civil servants deliver services and implement government programs. Signup and view all the answers

What is the significance of the Carltona principle in the context of Civil Service?

It grants permanent civil servants authority to make decisions on behalf of Ministers. Signup and view all the answers

What legal framework underpins the relationship and employment security of civil servants?

The Constitutional Reform and Governance Act 2010. Signup and view all the answers

Which of the following statements about Special Advisers (SPADS) is true?

SPADS require the Prime Minister's approval for their appointment. Signup and view all the answers

What was a major change in the structure of the Civil Service since the 1980s?

A focus on reducing costs and enhancing efficiency. Signup and view all the answers

What is the primary purpose of the executive branch in the UK government?

To make and implement public policy Signup and view all the answers

Which statement accurately reflects the relationship between the executive and legislative branches in the UK?

The government relies on majority support in the House of Commons. Signup and view all the answers

What is one key characteristic of the Prime Minister's office?

It is based on constitutional practice. Signup and view all the answers

Which component is NOT part of the central government in the UK?

The Head of State Signup and view all the answers

Which of the following roles is primarily involved in implementing Acts of Parliament?

The Prime Minister Signup and view all the answers

Which power does the government hold concerning declarations of war?

The government may declare war Signup and view all the answers

What is a limitation on the exercise of prerogative powers as established by precedent?

Prerogative powers must align with statutory duties Signup and view all the answers

Which statement best reflects the judicial perspective on new prerogative powers?

Courts will not recognize the existence of new prerogative powers Signup and view all the answers

What is the role of the courts regarding the manner of exercising prerogative powers?

They determine the existence of prerogative powers but do not regulate their exercise Signup and view all the answers

Which of the following is NOT a characteristic of the royal prerogative?

It creates new courts independently of Parliament Signup and view all the answers

What constitutes the legal authority for the UK executive branch to act?

Statutory powers, prerogative powers, and 'third source' powers Signup and view all the answers

Which of the following best describes prerogative powers?

Powers accepted by courts as part of common law Signup and view all the answers

What was one of the historical consequences of the absolutist monarch's actions by the 17th century?

Execution of a king and expulsion of another Signup and view all the answers

How is the royal prerogative exercised in modern times?

By the government of the day or on their behalf Signup and view all the answers

What limits the use of prerogative powers according to constitutional reforms?

Parliament's prior authority is not needed for many prerogative powers Signup and view all the answers

Which of the following statements is TRUE regarding 'third source' powers?

They can act as long as there is no law preventing it Signup and view all the answers

What role does Parliament now have concerning treaties as per the royal prerogative?

Parliament has the right to veto treaties Signup and view all the answers

What does the term 'responsible government' imply in the context of the royal prerogative?

Government actions are accountable to Parliament Signup and view all the answers

What is the primary function of the judiciary in the state?

To resolve legal disputes Signup and view all the answers

How does the doctrine of precedent influence lower courts?

It mandates that lower courts are bound by higher court decisions. Signup and view all the answers

What is one of the roles of the UK Supreme Court?

To serve as the final arbiter in devolution disputes Signup and view all the answers

What does the judiciary exercise to ensure compliance with its judgments?

Coercive powers Signup and view all the answers

Which of the following best describes judicial law-making?

Judicial law-making involves interpreting legislation ambiguities. Signup and view all the answers

Which types of cases can the judiciary adjudicate?

Civil, criminal, and administrative cases Signup and view all the answers

What is meant by the 'core cases' in judicial interpretation?

Simple legal scenarios with clear laws Signup and view all the answers

In the context of the judiciary, what does 'judicial review' entail?

Evaluating the legality of administrative actions Signup and view all the answers

What was a significant institutional reform introduced by the Constitutional Reform Act 2005?

Creation of the Judicial Appointments Commission Signup and view all the answers

Which of the following statements accurately reflects the importance of judicial independence?

It separates the judiciary from political accountability. Signup and view all the answers

What was one of the effects of the Constitutional Reform Act 2005 on the position of the Lord Chancellor?

His ability to sit as a judge on the Supreme Court was removed. Signup and view all the answers

What is one of the roles of the Judicial Appointments Commission (JAC)?

To review and recommend candidates for judgeships to the Lord Chancellor. Signup and view all the answers

Which of the following best describes an institutional guarantee for judicial independence?

The establishment of the Judicial Appointments Commission. Signup and view all the answers

Which action was NOT a change implemented by the Constitutional Reform Act 2005?

Maintaining the Lord Chancellor's power over the judiciary. Signup and view all the answers

Which of the following was a consequence of the separation of powers introduced by judicial reforms?

A clearer distinction between the roles of different government branches. Signup and view all the answers

What key change in the judicial appointment process was made by the Constitutional Reform Act 2005?

The JAC now conducts transparent assessments of candidates. Signup and view all the answers

Study Notes

The Scotland Act 1998

Established the Scottish Parliament
Created a parliamentary model of government
Introduced the reserved powers model, where powers not explicitly reserved for Westminster are therefore devolved
Can be considered a written constitution for Scotland

The Scotland Act 2012

Devolved additional powers such as air weapons, borrowing powers, alcohol limits, and stamp duty

The 2014 Independence Referendum

Asked whether Scotland should be an independent country
Resulted in 55.3% voting ‘No’ and 44.7% voting ‘Yes’

The Scotland Act 2016

Devolved further powers, specifically:
- Rates and bands of income tax
- Air passenger duty
- VAT revenues
- Welfare policy and delivery
- Oil and gas extraction
- Road signage
Increased the Scottish Parliament's ability to control its procedures
Enhanced the financial accountability of the Scottish Parliament
Statutorily enshrined the Sewel Convention

The Executive Branch

The executive branch is responsible for making and implementing public policy.
It executes and administers laws enacted by the legislature.
The executive branch is often described as the "initiative-taker". It develops and designs changes to public policy.
The executive branch also reacts to sudden and unforeseen events.

The Relationship Between the Executive and Legislative Branches

The political nature of the executive branch is determined by the composition of the House of Commons.
The government will have the support of a majority in the House of Commons.
The executive branch drafts bills, has a majority in the House of Commons, and implements Acts of Parliament.
Lord Hailsham describes this relationship as "elective dictatorship."

Central Government

The central government includes the Monarch, the Prime Minister, Ministers, government departments, the Cabinet, the Civil Service, and Special Advisers.

The Prime Minister

The office of the Prime Minister is based on constitutional practice rather than law.
The Prime Minister holds another recognized post, currently the First Lord of the Treasury.
The Prime Minister makes or approves a range of appointments, including commissioners, senior civil servants, and Crown appointments.
The Prime Minister appoints all ministerial offices, controls the machinery of central government, and determines the priorities of their government.

Ministers and Departments

Some ministerial offices have a longer history than the office of Prime Minister.
Government departments are branches staffed by the civil service and funded by the Treasury.
The creation of new departments, and the renaming of existing ones, is easily done.
Ministers of the Crown are holders of offices in the UK Government.
Constitutional convention dictates that ministers come from the House of Commons and the House of Lords.

Ministers and Departments (cont.)

The Ministerial Code, which is not legally binding, regulates the behavior of ministers.
Ministers often make decisions that imply financial implications and are expected to ensure no conflict arises between their private interests and their public duties.
Ministerial financial interests are published on a government website and updated frequently.
The government also publishes ministerial meetings with lobbyists.

Cabinet

The Cabinet usually includes 21-23 senior government ministers, including the Prime Minister.
Statutory regulations limit the number of salaried Cabinet posts.
Since the 1960s, all major departments have been placed under the supervision of a Cabinet minister.
The Cabinet Manual is not legally binding.
Cabinet committees are formed because the increase in the scale of government has not been matched by an increase in the size of the Cabinet. Examples of committees include the National Security Council, the EU Exit Strategy, and the Covid-19 Strategy.
The Cabinet Secretary was established in 1917 to help the committees, and the government, run efficiently.

Civil Service

The Civil Service includes permanent and impartial officers who deliver services, support ministers, and implement programs and projects.
The Constitutional Reform and Governance Act 2010 provided a new legal base for the Civil Service.
Civil servants serve at the pleasure of the Crown.
The structure of the Civil Service has undergone major changes since the 1980s in an effort to streamline costs and increase efficiency.
Senior Civil Servants run the departments, exemplified by the Permanent Secretary position.
According to the Carltona principle, a Civil Servant can make a decision on behalf of a Minister when there is an administrative power.

Special Advisers (SPADs)

Special advisers are political appointees involved in developing and presenting government policy.
Unlike civil servants, SPADs are involved in party-political matters.
SPADs are selected by the Prime Minister and their appointment is tied to the minister holding office.

Powers of the UK Executive

The UK executive branch has three sources of legal authority: statutory powers, prerogative powers (accepted by the courts as part of common law) and 'third source' powers which are neither statutory nor prerogative but can act as no law prevents them from doing so.
‘Third source’ powers are uncontroversial as long as a Minister uses them to do things any individual could do, but become controversial if used for things private individuals cannot do.

The Royal Prerogative

The Royal Prerogative is the residual power remaining from when the Monarch used to have all power and law.
The history of the Royal Prerogative is characterised by struggles over the power of the Monarch.
- In medieval times, the King had extensive powers including the power to protect the realm and act for the ‘public good’
- Issues arose in the seventeenth century leading to the execution of one king, the expulsion of another, and the resolution of issues by the courts and Parliament.
- Eventually the Bill of Rights 1689 was drafted, responsible government was established and the constitutional monarchy as we know it was formed.
Today, the Royal Prerogative is exercised by or on behalf of the government of the day, but it is not without limits, and is subject to the authority of Parliament.

Royal Prerogative Today

The Royal Prerogative covers a wide range of powers including:
- Legislature: Summoning and proroguing Parliament; legislation through Orders in Council.
- Treaties: The Government may enter into treaties but Parliament now has the power to veto the UK’s entering into treaty obligations.
- War and Armed Forces: The Government may declare war.
- Judiciary: The Monarch no longer creates courts, this power is now reserved for Parliament.
- Some function relating to criminal justice still exists such as stopping prosecutions and pardons.
- Foreign affairs: The Crown Proceedings Act 1947 allows the Monarch to receive income tax free, although this is limited.
- Patronage, appointments and honours: The Monarch has patronage over a number of roles.
- Immunities and privileges: The Monarch has certain immunities and privileges.
- Statutes do not bind the Crown except by express statement or necessary implication.

Royal Prerogative and the Courts

The courts will not recognise the existence of new prerogative powers but they are still called upon to determine when old powers should apply to new situations.
The GCHQ Case (Council of Civil Service Unions v Minister for the Civil Service AC 374) established that the royal prerogative is subject to judicial review.
The courts have also determined that the ‘executive cannot exercise the prerogative in a way which would derogate from the due fulfilment of a statutory duty’ (Fire Brigades Union).
Although the courts determine the existence of prerogative powers, in theory they cannot regulate the manner of exercise.

Judiciary

One of the three branches of the state, alongside the legislature and the executive.
Composed of courts and judges.
Resolves legal disputes by applying the law to them.
Has a complex structure due to the three different legal systems in the UK (England and Wales, Scotland, Northern Ireland) leading to three separate judicial systems.
Further complicated by different types of courts within each jurisdiction, including criminal, civil, and administrative courts.
Has a hierarchical structure.

The UK Supreme Court

Acts as the highest court of appeal for most courts in the UK.
Exception: the High Court of Justiciary in Scotland, which remains the final court for Scottish criminal law cases.
Serves as the ultimate interpreter of disputes related to devolution arrangements.

Roles of the Judiciary

Adjudication of disputes between parties (litigants) in various legal areas like civil, criminal, and administrative law (judicial review).
Serves as a legal guarantee: individuals can seek resolution in court if they are unable to exercise their legal rights through other means.
Exercises the coercive powers of the state by enforcing compliance with its judgments.
If a party refuses to comply with a court's judgment, they may face consequences, including imprisonment for contempt of court.
Acts as a vital part of the separation of powers, providing essential checks and balances.

Doctrine of Precedent

Decisions of higher courts bind lower courts in future cases.
Influences the conduct of individuals by offering guidance.
Judicial interpretation may lead to changes in the practical meaning of legislation, impacting people's actions accordingly.

Judicial Law-Making

Involves interpreting legislation, as the meaning of laws may not always be clear.
The concept of "core cases" versus "penumbra cases" (HLA Hart) highlights this, illustrated by the example of a law stating "no vehicles may be taken into park":
- Core cases: cars
- Penumbra cases: bicycles, wheelchairs, etc.

Judicial Independence

The judiciary is not political, unlike the legislative and executive branches.
The judiciary is independent, not elected, and has no political accountability.
The judiciary must be protected from government influence.
Strong separation of powers between the judiciary and the other branches is vital.

Institutional Guarantees

The Constitutional Reform Act 2005 is a major institutional reform.
It put the rule of law and judicial independence on a statutory footing.
The act led to significant changes in the UK's separation of powers.

Lord Chancellor

The Lord Chancellor previously held significant power across all three branches of government.
This included his role as:
- Speaker of the House of Lords
- Cabinet minister
- Head of the judiciary in England and Wales
This fusion of powers was considered problematic.
The Constitutional Reform Act 2005 brought significant changes to the Lord Chancellor's role.
The Lord Chancellor is now the Cabinet minister in charge of the Ministry of Justice, and no longer the head of the judiciary in England and Wales.
They are also no longer the Speaker of the House of Lords.
There is a statutory duty to defend judicial independence.
The Lord Chancellor is no longer allowed to sit as a judge on the Supreme Court.

Appointing and Dismissing Judges

The Judicial Appointments Commission (JAC) was established to reform the process of appointing and dismissing judges.
The JAC recommends candidates to the Lord Chancellor.
The Lord Chancellor has the power to accept, reject, or ask for reconsideration of a candidate but cannot name a new one.
This lessens the potential for political influence on the judiciary.

New Judicial Appointments Commission

The JAC makes recommendations to the Lord Chancellor regarding judges.

Supreme Court

The Supreme Court, created by the Constitutional Reform Act 2005, replaced the Law Lords.
The Law Lords were previously part of the House of Lords, but this created a potential conflict of interest.
The creation of the Supreme Court ensures greater separation of powers and reinforces judicial independence.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers key legislative milestones in Scotland's political history, including the Scotland Acts of 1998, 2012, and 2016, as well as the 2014 Independence Referendum. Test your knowledge on the establishment and evolution of the Scottish Parliament and the powers devolved to it. Explore how these events have shaped Scotland's governance and constitutional framework.