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lecture notes for devolution, public law. everything describes in detail and broken down.
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DevolutionThe UK
- A union of separate states; often referred to as nations but more ‘cobbled’ together, than
unified.
- This reflects the existing “devolution settlement”;
- The fact that, each nation to a lesser or greater extent has retained its own political identity
within the union of the UK.
Wales
- Conquered by England. Under the act of union 1536, was legally part of England
- No form of government on its own (other than local councils), until the wales office was formed
in 1965, a department based at whitehall.
- Since 1998, the national assembly for wales.
Scotland
- Was a separate kingdom, with its own monarch- james 1 of England, james vi of Scotland
- Act of union in 1707 brought engalnd (including wales) and Scotland together. – Scottish
parliament merged with the English parliament to create the parliament of great Britain.
- Scotland retained several of its own systems, - legal system; church. – Scottish identity remained
stronger than in wales.
Ireland
- England long had a form of control over Ireland- laws made by the irish parliament in Dublin
were subject to some control by England, since 1494.
- A formal union was formed in 1800, largely because of the failure of the English to colonise
Ireland. – irish MPs and peers sat at westminister.
- Uneasy relationship; Ireland- catholic. England- protestant
- Home rule, a perpetual issue during the late 19th century.
- The easter rising… 1916… brutally suppressed by the british.
- Ireland declared independent shortly afterwards
- Anglo- irish treaty 1921- irish free state within the british commonwealth
- Later became the republic of Ireland
- However, the countries of antrim, down, Armagh, Londonderry, tyrone and farmangh formed
northern Ireland.
Northern island
- Northern Ireland, predominantly protestant
- Republic of Ireland, predominantly catholic
- Northern Ireland parliament from 1922, but seen as repressive and discriminatory against the
catholics.
- From 1972, “direct rule”, from whitehall, secretary of state for northern Ireland.
- The troubles… IRA
1998- the year of devolution
Scottish parliament
- Scotland cats 1998, 2012 and 2016
- MPs – constituency and list members.
- Income tax raising powers- big changes next year.
- Acts of the Scottish parliament- section 29 (1998 act) – cannot make legislation that is
incompatible with the ECHR or EU law.
- Reserved matters- sch 5 – part 1; general reservations: the constitution, political parties,foreign
affairs, defence, the civil service.
- Reserved matters, sch 5, part 2
- More specific reservations, under subject matters
- I.E head B – home affairs – misuse of drugs, data protection, election of house of commons,
immigration and nationality, scientific procedures on live animals, national security, emergency
powers and betting gaming and lotteries.
Scottish government
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