Supremacy Limits: Devolution

[Flash Card 1 of 2]

Scotland:

• shared monarch since 1603 / Act Union 1707: shared Parliament / retained Scottish legal system / protestant religion & Church of Scotland unaltered / some argue partial constitution

Scotland Act 1998:

• set out devoted government for Scotland / 199 elections Scottish Parliament / Scottish Executive formed under First Minister / operated since 2000 / May 2011 renamed Scottish Government
• non-reserved: education, health, civil & criminal law / powers to legislate for Scotland (s28)
• reserved: foreign policy, defence, constitution / Scottish Parliament no power to legislate
• Similar to federal constitution / functions distributed regional legislatures & federal legislature
• Scottish Parliament subordinate legislature so cannot legislate for England & Wales (s29)
• cannot repeal certain legislation (s29): listed in Schedule 4: HRA 1998 / provisions of ECA 1972 / Scotland Act 1998 / Acts of Union 1707 free trade articles
• UK Parliament can legislate for Scotland (s28) / convention not in devolved areas / cannot bind successors
• Devolution issues / ultimately ruled on by Supreme Court
• West Lothian Q: if delegated to Scotland eg education / should Scottish MPs vote in UK on these issues?

bits of law

Supremacy Limits: Devolution

[Flash Card 2 of 2]

Wales:

• subject to English law since 1284 / Act of Union with Wales 153 / Parliament represented England & Wales when legislative sovereignty established

Government of Wales Act 1998:

• 1997 Devolution referendum approved / 1999 first elections to Welsh Assembly
• Powers to make delegated legislation / not Acts / areas: planning, local government, housing, transport, health, agriculture & economic development
• Secretary of State for Wales cabinet representative in UK Government

Government of Wales Act 2006:

• Ministerial system / Welsh Assembly Government / enhanced law-making powers / Assembly Measures / referendum to decided if should have full powers
• 2011 voted for Welsh Assembly full powers / UK Parliament has not transferred powers to Welsh assembly / less affect than Scottish devolution

Ireland:

• Crown claimed authority since 1541 / had own Parliament until Act of Union 1800 lead to single Parliament
• Government of Ireland Act 1920 divided subordinate Parliaments / Irish Free State Act 1922 gave Southern counties Dominion status / Ireland Act 1949 UK Parliament lost supremacy

Northern Ireland Act 1998:

• Devolved legislative powers NI Assembly / power sharing executive / NI part of UK until majority referendum

bits of law