Devolution
Devolution, decentralisation and federalism
- Devolution — decentralising power from central institutions in London to regional ones
exercising executive and legislative authority in S, W and NI
- Subsidiarity and devolution
• Allows for localised leadership, believing that power is best exercised as close to citizens as
possible
• Leads to relevant decision-making and laws for particular area’s issues, which is easier than
allowing an institution further away to make that decision
• Links to democracy by bringing more local control
- Devolution, federalism and the unitary constitution
• While federal constitutions contain 2 or more levels of authority with their own allocation of
exclusive powers, UK is unitary because power rests at centre
• Parliamentary sovereignty means that regional legislative and executive authority do not make
UK constitution federal because they are subordinate to Parliament and must follows its Acts
• Different sizes and populations in UK means power cannot be shared equally
• Parliament has power to renounce devolution settlements and bring all power back to
Westminster, but may not happen as legal changes do not always reflect political reality
The formation of the UK
- Existed in current form for less than century
- Wales conquered by England in late 13th century and Acts of Parliament legally recognise their
union
- Act of Union with Scotland came about through negotiations and legal authority for union,
recognising creation of Great Britain
• Argued that because Act of Union 1707 created current UK Parliament, it is superior force of law
- Union with Ireland Act 1800 established UK of GB and Ireland, with Westminster Parliament
being sovereign
- Republican movements opposed Ireland’s union with GB, and Irish independence was achieved
in 1921, and country renamed Republic of Ireland in 1949
Devolution in UK Constitution
- Devolution in Scotland
• Scottish devolution was established by the Scotland Act 1998, creating the Scottish Parliament
and Scottish Government, giving Scotland primary legislative and executive powers while
keeping Westminster legally sovereign.
• Scotland operates under a reserved powers model, meaning Holyrood can legislate on any matter
not listed as reserved (e.g., constitution, defence, immigration, foreign affairs, social security,
employment).
• The Scottish Parliament is unicameral with 129 MSPs, elected via a mixed electoral system (73
constituency MSPs by first-past-the-post, 56 regional MSPs by proportional additional member
system).
• Despite broad devolved powers, Westminster retains authority through s.28(7) and can even veto
Scottish Bills under section 35 (used once for the 2022 Gender Recognition Reform Bill).
• Acts of the Scottish Parliament are judicially reviewable under s.29: courts can strike down
legislation that relates to reserved matters or breaches ECHR rights (e.g., Christian Institute, AXA,
Imperial Tobacco, Continuity Bill case).
Devolution, decentralisation and federalism
- Devolution — decentralising power from central institutions in London to regional ones
exercising executive and legislative authority in S, W and NI
- Subsidiarity and devolution
• Allows for localised leadership, believing that power is best exercised as close to citizens as
possible
• Leads to relevant decision-making and laws for particular area’s issues, which is easier than
allowing an institution further away to make that decision
• Links to democracy by bringing more local control
- Devolution, federalism and the unitary constitution
• While federal constitutions contain 2 or more levels of authority with their own allocation of
exclusive powers, UK is unitary because power rests at centre
• Parliamentary sovereignty means that regional legislative and executive authority do not make
UK constitution federal because they are subordinate to Parliament and must follows its Acts
• Different sizes and populations in UK means power cannot be shared equally
• Parliament has power to renounce devolution settlements and bring all power back to
Westminster, but may not happen as legal changes do not always reflect political reality
The formation of the UK
- Existed in current form for less than century
- Wales conquered by England in late 13th century and Acts of Parliament legally recognise their
union
- Act of Union with Scotland came about through negotiations and legal authority for union,
recognising creation of Great Britain
• Argued that because Act of Union 1707 created current UK Parliament, it is superior force of law
- Union with Ireland Act 1800 established UK of GB and Ireland, with Westminster Parliament
being sovereign
- Republican movements opposed Ireland’s union with GB, and Irish independence was achieved
in 1921, and country renamed Republic of Ireland in 1949
Devolution in UK Constitution
- Devolution in Scotland
• Scottish devolution was established by the Scotland Act 1998, creating the Scottish Parliament
and Scottish Government, giving Scotland primary legislative and executive powers while
keeping Westminster legally sovereign.
• Scotland operates under a reserved powers model, meaning Holyrood can legislate on any matter
not listed as reserved (e.g., constitution, defence, immigration, foreign affairs, social security,
employment).
• The Scottish Parliament is unicameral with 129 MSPs, elected via a mixed electoral system (73
constituency MSPs by first-past-the-post, 56 regional MSPs by proportional additional member
system).
• Despite broad devolved powers, Westminster retains authority through s.28(7) and can even veto
Scottish Bills under section 35 (used once for the 2022 Gender Recognition Reform Bill).
• Acts of the Scottish Parliament are judicially reviewable under s.29: courts can strike down
legislation that relates to reserved matters or breaches ECHR rights (e.g., Christian Institute, AXA,
Imperial Tobacco, Continuity Bill case).
