Class notes

Devolution and local government

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Course
Public Law

Institution
City University (City)

These lecture notes include a detailed outline of all the relevant topics for each module, as well as detailed notes, analysis, cases and explaination of the topics. They are taken directly from professors lecturing at the City Law School, for first and second year Law. All the cases have a short ...

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Uploaded on March 7, 2019
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Written in 2017/2018
Type Class notes
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Contains All classes

public law

Institution
City University (City)
Education
LLB Law
Course
Public Law

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Lecture 9: Devolution and Local government

 Involves a dispersal of power
 Is a process of taking power away from central authorities and dispersing it amongst
local authorities
 Either legislative or executive functions
 Ensures that more regional institutions are permitted to exercise power specific to
their geographic areas: e.g. Scotland has its own parliament and government in 1998
(inferior to sovereign parliament)
 Unitary constitution since power rests at centre: parliament (devolution does not
change this; devolution seen as a good thing since it distributes legislative and
executive power closer amongst people)

 Rationale for devolution:
 1) Relevance- more relevant to the people of particular regions:
 e.g. members of Scottish parliament will experience more the issues amongst the
Scottish people since they are closer to them than the MPs in the parliament
 2) Responsiveness
 devolution provides more responsive leadership to people’s needs
 more representative of Scottish people than institution by the government
 3) Local identity
 devolved parliaments inspire a great sense of community and local identity
 4) More representative
 beneficial in democratic terms to devolve power in specific regions since it represents
the people better

 Devolution to Scotland
 Specific/different to each country: it is asymmetrical
 History:
 Ongoing conflict between English and Scottish triggered by English wanting to gain
sovereignty over Scotland
 Another 100 years that a formal union was created between these countries
 Acts of Union 1707- abolished two parliaments by replacing a single parliament of
Great Britain, just renamed as Great British parliament
 Areas of separation between the two countries- Scottish have own legal system with
courts; but Supreme Court is shared with England
 Early 70s rise of Scottish national party inspired a national movement demanding
more power for Scotland- desired devolution
 Scotland Act 1998- referendum was held in 1997 where people (75%) voted to leave
Great Britain
 Doesn’t abolish Union but gives Scotland legislative and executive power
 Scotland Act 2012 and 2016
 Scottish Parliament created- can enact primary legislation
 Unicameral parliament- one chamber parliament containing 129 seats
 MSPs elected every 4 years
 Scottish Government-
 Originally executive; have a first minister

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