Constitutional Law - Devolution

Question 1

What is Devolution?

Answer 1

Devolution is the transfer or delegation of power from a central or higher-level government to a lower-level or local government.

Question 2

In what way does the constitution support the permanence of Scottish Parliament and Welsh Parliament?

Answer 2

it is declared in law that these institutions are not to be abolished unless the people of Scotland or Wales vote in favour of their abolition at a referendum

Question 3

Under what agreement did the devolution of Northern Ireland start?

Answer 3

The Good Friday Agreement.

Question 4

What would happen if the people of Northern Ireland wanted to join the republic of Ireland?

Answer 4

A referendum can be held giving the people of Northern Ireland the choice of either choosing to remain part of the UK or to join the Republic of Ireland.

Question 5

What is the Sewel Convention?

Answer 5

If the UK Parliament is going to legislate on a matter devolved to Scotland, Wales, and/or Northern Ireland, the consent of the affected instituions is normally required via a ‘legislative consent motion’

Question 6

What does the word “normally” indicate in the Sewel Convention?

Answer 6

That Parliament did not intend to be completely bound by this convention.

Question 7

EXAMPLE
The UK government is concerned about the quality of healthcare provided in Scotland and so introduces into Parliament the Healthcare (Scotland) Bill. The bill creates the Scottish Health Inspectorate, which inspects Scottish hospitals and reports back to the UK government. Healthcare has been devolved to the Scottish Parliament. Members of Scottish Parliament consider that healthcare is a matter for them to resolve and object to the UK government’s proposals. They refuse to grant consent for the UK Parliament to legislate in this area. The UK Parliament can continue with the legislative process and the bill becomes law

Answer 7

The Sewel Convention

Question 8

Who can strike down legislation made by devolved governments?

Answer 8

The Courts

Question 9

When can devolved governments exceed their powers?

Answer 9

• Acts outside their legislative competence (that is, by legislating on non-delegated matters); or
• Legislates contrary to the ECHR.
• Legislates contrary to EU law (ONLY WHEN WE WERE IN THE EU)

Question 10

For the Northern Ireland Executive, who can refer a Bill to the Supreme Court to determine whether it is within their Law making powers?

Answer 10

Advocate General for Northern Ireland

Attorney General for Northern Ireland

Question 11

For the Scotland Executive, who can refer a Bill to the Supreme Court to determine whether it is within their Law making powers?

Answer 11

Lord Advocate
Advocate General for Scotland
Attorney General Attorney

Question 12

For the Wales Executive, who can refer a Bill to the Supreme Court to determine whether it is within their Law making powers?

Answer 12

Counsel General
Attorney General