Public Law I - Sources of Power PDF

PUBLIC LAW I – SOURCES OF POWER The Scottish Parliament and Government Dr Tarik Olcay University of Dundee Week 10  LEARNING OBJECTIVES Explain the founding, functions, life cycle, and composition of the Scottish Parliament Explain the nature of...

PUBLIC LAW I – SOURCES OF POWER The Scottish Parliament and Government Dr Tarik Olcay University of Dundee Week 10  LEARNING OBJECTIVES Explain the founding, functions, life cycle, and composition of the Scottish Parliament Explain the nature of the Scottish Government and its sources of power  THE SCOTTISH PARLIAMENT Founded in 1999 – Scotland Act 1998 Holyrood Scotland Act 2016, s 1 – ‘permanent’ Main functions Provide and sustain a government in office Make law Hold the executive to account http://parliament.scot  LIFE OF SCOTTISH PARLIAMENT Fixed by Scotland Act 1998 Starts within the period of seven days beginning immediately after the day of the general election – s 2(3)(b) Ends with its dissolution before a general election to be held on the first Thursday in May of the fourth calendar year following the previous general election year – s 2(2) Extraordinary general elections – s 3 if a two-thirds majority of MSPs vote for the dissolution of the Parliament, or if the Parliament fails to nominate one of its members for appointment as First minister within 28 days of a general election or of resignation or death of incumbent First Minister, or of the First Minister ceasing to be an MSP  COMPOSITION OF SCOTTISH PARLIAMENT 129 Members of the Scottish Parliament – SA 1998, s 1 and sch 1 73 MSPs elected by FPTP 56 Members elected by the ‘additional member’ system of proportional representation based on the 8 European parliamentary constituencies In the second vote, the voter votes for a party rather than a candidate. The parties are then allocated a number of additional members to make the overall result more proportional. The regional MSPs are selected from lists compiled by the parties. Each voter, therefore, has two votes: one for constituency MSP, one for political party (for additional member) THE SCOTTISH “The Scottish Government” refers to GOVERNMENT the First Minister, the ministers appointed by her and the two Law Officers, collectively referred to as “the Scottish Ministers” – SA 1998, s 44 UK model of parliamentary government system replicated in Scotland, although in Scotland this is based on statute and not constitutional convention The First Minister is appointed by the King from among the members of the Scottish Parliament and holds office at His Majesty’s pleasure – SA 1998, s 45(1) The First Minister may resign at any time, and must do so if the Parliament resolves that the Scottish Government no longer enjoys the confidence of the Parliament – SA 1998, s 45(2) Once appointed, the First Minister appoints, with the agreement of the Parliament and formal approval of the King, other members of the Scottish Government and the junior Scottish Ministers  POWERS OF THE SCOTTISH GOVERNMENT “statutory functions may be conferred on the Scottish Ministers by that name” – SA 1998, s 52(1) As devolution took root, more of the Scottish Government’s functions find source in Acts of the Scottish Parliament and Scottish statutory instruments Other powers by Acts of Parliament, and a few rooted in prerogative and the common law Whilst legislative competence was transferred from Westminster to Holyrood, executive competence too was transferred from the UK Government to the Scottish Ministers This was accomplished by a general transfer of ministerial functions exercisable within devolved competence – SA 1998, s 53 (meaning executive competence is co-extensive, in principle, with the legislative competence of the Scottish Parliament) Transfer of additional functions exercisable by a Minister of the Crown in or as regards Scotland – SA 1998, s 63 (these are not matters within the legislative competence of the Scottish Parliament)