Devolution
The decentralisation of power in the UK.
‘A devolved system preserves the powers of the central legislature of the state in
relation to all matters.’ (Continuity Bill Reference (2018)).
Devolution process:
Before 1997 there was one government & one parliament. Today there are 4
legislatures inc. NI assembly, Welsh parl, UK parl & Scottish parl. Also executives &
govs.
Began w/ new labour in 1997, part of a wider set of constitutional reforms.
Asymmetrical but convergent. Achieved through acts, endorsed by referendums.
Current devolution statutes:
- Gov of Wales act 2006; amended by 2014 & 2017 acts
- Scotland act 1998; amended by 2012 & 2016 acts
- NI act 1998; amended by 2006 & 2016 acts, 2010 order
Why devolve power?
- Preserve union
- Growing demands for autonomy
- Recognition of multiple national identities
- Democracy
- Preserve PS, balance autonomy & UK parl retains power
Scotland & Wales:
- Strong political consensus in Scotland (Claim of Rights 1988)
- Less in Wales but grew support in 80s & 90s
NI:
- Prior experience of legislative devolution (1921-71)
- Ending the troubles
- Key pillar of peace process
- Good Friday Agreement 1998 - basis for NI act
England:
- No legislative devolution
Powers:
- The devolution acts are not user friendly
- UK parl retains power to legislate on any matter (SA 1998 s.28(7); NIA 1998
s.596; GOWA 2006 s.107(5))
- Provisions aren’t just symbolic restatements of PS
- Devolved legislatures can be referred to UKSC for ruling re. Legislative
competence
The decentralisation of power in the UK.
‘A devolved system preserves the powers of the central legislature of the state in
relation to all matters.’ (Continuity Bill Reference (2018)).
Devolution process:
Before 1997 there was one government & one parliament. Today there are 4
legislatures inc. NI assembly, Welsh parl, UK parl & Scottish parl. Also executives &
govs.
Began w/ new labour in 1997, part of a wider set of constitutional reforms.
Asymmetrical but convergent. Achieved through acts, endorsed by referendums.
Current devolution statutes:
- Gov of Wales act 2006; amended by 2014 & 2017 acts
- Scotland act 1998; amended by 2012 & 2016 acts
- NI act 1998; amended by 2006 & 2016 acts, 2010 order
Why devolve power?
- Preserve union
- Growing demands for autonomy
- Recognition of multiple national identities
- Democracy
- Preserve PS, balance autonomy & UK parl retains power
Scotland & Wales:
- Strong political consensus in Scotland (Claim of Rights 1988)
- Less in Wales but grew support in 80s & 90s
NI:
- Prior experience of legislative devolution (1921-71)
- Ending the troubles
- Key pillar of peace process
- Good Friday Agreement 1998 - basis for NI act
England:
- No legislative devolution
Powers:
- The devolution acts are not user friendly
- UK parl retains power to legislate on any matter (SA 1998 s.28(7); NIA 1998
s.596; GOWA 2006 s.107(5))
- Provisions aren’t just symbolic restatements of PS
- Devolved legislatures can be referred to UKSC for ruling re. Legislative
competence
