Chapter 7: Devolution

• Devolution


  The transfer of power from a central/higher Gov to a lower Gov
• Four different nations that make up the UK union state

  • England
  • Scotland
  • Wales
  • Northern Ireland
• 'Permanent' parts of the UK

  • Scottish Parliament
  • Scottish Government
  • Welsh Parliament
  • Welsh Government
• These institutions are not to be abolished unless the people of Scotland or Wales vote in favour of their abolition at a referendum
• Reversing the devolution of Wales

  1. Vote of Parliament

  2. Referendum from Welsh people
• Northern Ireland's situation


  Different from Scotland and Wales
• Devolution in Northern Ireland was created as part of the 1998 Good Friday Agreement
• Good Friday Agreement


  • Includes a cross party agreement to create a Northern Ireland Assembly and Northern Ireland Executive
  • This agreement and assembly will govern Norther Ireland
  • If there is a majority in Northern Ireland who wish to join the republic of Ireland, a referendum can be held giving the people a choice of either to remain part of the UK or join the republic of Ireland
• Sewel convention


  • UK parliament has retained power to legislate on all matters affecting Scotland, Wales and Norther Ireland, including devolved matters
  • Parliament may ask for consent (Parliament is not bound by this and can continue if they refuse)
• Courts striking down devolved legislation

  1. Only if they exceed their law-making powers

  2. Courts strike it down as invalid

  3. The courts of Scotland, Wales and Northern Ireland can refer the matter to the Supreme Court for a decision
• Passing a devolution bill to supreme court

  In between a bill passing all of its stages it a devolution legislature and being granted the royal assent, the bill can be referred to the supreme court to determine it is within the law-making power of the devolution institution
• Devolved Government bill references to the supreme court for Northern Ireland


  • Advocate General for Northern Ireland
  • Attorney General for Northern Ireland
• Devolved Government bill references to the supreme court for Scotland

  • Lord Advocate
  • Advocate General for Scotland
  • Attorney General
• Devolved Government bill references to the supreme court for Wales

  • Counsel General
  • Attorney General