Why is the UK described as a unitary state rather than a federal one?
In a federal state, the constitution divides powers between different levels of government. The UK is unitary because the Westminster Parliament remains sovereign and has the competence to legislate for the whole UK. While it has delegated powers to devolved legislatures, it could legally revoke those powers or override them, as power is not divided but delegated.
Can the UK Parliament abolish the Scottish or Welsh devolved institutions?
Legally, the UK Parliament remains supreme. However, statutes now declare the Scottish Parliament, Senedd Cymru, and their respective governments to be permanent parts of the UK’s constitutional arrangements,. They cannot be abolished unless the people of that country vote for it in a referendum,.
What is the “reserved powers” model, and what are examples of reserved matters in Scotland?
Under this model, the Scottish Parliament has the power to legislate on all matters except those expressly reserved to Westminster. Reserved matters include the constitution, foreign policy, and defence. Devolved matters include health, education, and much of civil and criminal law.
What criteria make an Act of the Scottish Parliament or Senedd “not law”?
Provisions are outside legislative competence if they:
◦ Form part of the law of a territory other than their own.
◦ Relate to reserved matters.
◦ Modify protected enactments (e.g., the Human Rights Act 1998 or the European Union (Withdrawal) Act 2018).
◦ Are incompatible with the ECHR,.
What is the Sewel Convention, and can it be enforced by the courts?
It is a political convention stating that the UK Parliament “will not normally” legislate on devolved matters without the consent of the devolved legislature,. Although recognized in statute, the Supreme Court ruled in Miller (No 1) that it creates no legal obligation and is not policed by the courts.
How has the legislative model and composition of the Welsh Parliament changed?
Wales moved from a “conferred powers” model to the “reserved powers” model via the Wales Act 2017. Currently, the Senedd has 60 MSs, but this will increase to 96 MSs from the May 2026 elections, using a closed-list proportional representation system. Unlike Scotland, criminal justice remains a reserved matter in Wales.
Define Excepted, Reserved, and Transferred matters in Northern Ireland.
◦ Excepted: Matters that remain with the UK indefinitely (e.g., defence, international relations, immigration).
◦ Reserved: Areas Westminster manages but could devolve later with the Secretary of State’s consent (e.g., firearms, consumer safety).
◦ Transferred: Fully devolved areas where the Assembly can legislate (e.g., health, education, and since 2010, policing/justice),.
In what three ways can a devolution issue reach the Supreme Court?
- Reference by a law officer (e.g., Attorney General or Lord Advocate) regarding a Bill passed but not yet received Royal Assent,.
- Appeal from higher courts in England, Wales, Scotland, or Northern Ireland.
- Reference from certain appellate courts.
What is a Section 35 order, and when has it been used?
It is a power granted to the Secretary of State to veto a devolved Bill if they believe it would adversely affect the operation of the law as it applies to reserved matters. This was used for the first time in 2022 to veto the Gender Recognition Reform (Scotland) Bill.
Describe the three-tier structure of the 2022 IGR framework.
◦ Top Tier: The Council, chaired by the PM, including First Ministers.
◦ Middle Tier: Standing Committees (IMSC and F:ISC) for strategic and fiscal issues,.
◦ Bottom Tier: Interministerial Groups (IMGs) for regular portfolio-level discussions (e.g., culture, trade).
