Public Law

What are the different meanings of common law?

• Historical - distinguish the law applied by King’s judges vs law applied by local courts

• Distinguish law as applied by the King’s courts vs the rules of Equity developed by the Court of Chancery

• Case law created by judges

• Law applied by common law countries (Commonwealth) vs law applied by civil law countries

meaning of stare decisis

Stand by what has been decided/ binding precedent

Once principle of law has been laid down, future cases with same material facts must be decided in the same way as long as:

1. earlier case was decided in a court which binds it

2. relevant part of the case is binding not just persuasive

meaning of ratio decidendi

reason for the decision = legal principle or rule on which the court’s decision is based

ratio of a case is what is binding on other courts

difference between reversed and overruled

reversed = case goes to appeal, higher appeal court disagrees with lower court. Precedent is not negated

Overruled = superior court in a later case decides the original precedent set in a past case is wrong and sets a new correct precedent instead

who may depart from ‘own precedent’

SC

CA if:

1. CA came to previously conflicting decisions, today’s CA can select one to follow

2. CA’s own previous decision has been overruled expressly or impliedly by the SC or HL, it need not be followed

3. CA’s previous decision was made per incuriam

meaning of per incuriam

Court has made an error or court was not aware of a relevant authority which would have been binding on the court leading to faulty reasoning

rules of precedent

relationship between Equity and CL

Equity is a gloss on CL and supplements it

In cases of conflict equity prevails over CL

What are equitable remedies and when are they rewarded?

Equitable remedies are discretionary in nature and are awarded only if damages would not be an adequate remedy.

These are:

• specific performance

• injunction

• declaration

• rescission

• rectification

what is specific performance

order by the court to compel a party to perform something they have promised to do under a contractual agreement. Available where:

1. valid and enforceable contract

2. damages not an adequate remedy for C

NOT available for breach of a contract for personal services or performance of contractual obligations which would require constant supervision

What is an injunction and when can it be awarded?

Order that requires a party to legal proceedings either:

1. to do something (mandatory)

2. to refrain from doing something (prohibitory)

The injunction can be unconditional or subject to such terms and conditions the court thinks fit

May be awarded only where damages would not adequately compensate C. Can be:

• interim (obtained before conclusion of legal proceedings)

• final (obtained at the conclusion of legal proceedings)

Under statute the court must award it where it thinks it is just and convenient to do so.

what is a declaration

A legally binding statement by a court on:

• the legal rights of the parties

• existence of facts

• principle of law

Usually given in addition to other types of relief

what is rescission

The setting aside of a contract. Available where a contract has been concluded as a result of:

• misrepresentation

• mistake

• duress or undue influence

ONLY available where the parties can be pout back to their pre-contractual position

what is rectification

Corrects a document to reflect the parties’ contractual intention (only for written contracts)

However, if the errors in the written contract are too fundamental or extensive this is not available

Difference between primary and secondary legislation

Primary - acts of Parliament

Secondary = law created by ministers or other bodies under powers given to them by a parent act of parliament. It fills in the details of primary legislation

difference between public and private acts of Parliament

Public acts = relate to matters of general public concern. Debated in both Houses of Parliament

Private acts = relates to particular places or to particular people. Stem from a proposal by a large organisation wishing to acquire certain powers

Difference between a government bill and a private members’ bill

Government = represents the policy of the government of the day and is drafted by an official parliamentary draftsman based on what the gov department promoting the bill wants to bring into law. Issued in the form of a Green Paper and White Paper

Private Members’ = bill promoted by a particular Member of Parliament

What is the primary legislative process?

Is Royal Assent necessary

No but it is a convention

Can courts invalidate an Act of Parliament/secondary legislation?

Courts have no power to invalidate Acts of parliament

Courts can examine whether delegated legislation is made within the powers of the parent act and quash it if it is not

What is statutory interpretation?

Process of determining what Parliament intended when it enacted a price of legislation - a task for judges

what is the literal rule?

Words in a statute are to be given their ordinary, plain and natural meaning

Need to consider the words and phrases of the statute and how they might fit in with neighbouring sections and the Act as a whole

what is the golden rule?

When interpreting legislation we give it its ordinary meaning unless doing so would produce an inconsistency or absurdity that the court believes that the intention could not have been to use them in that way. Then the court may give the words the meaning they think is right.

what is the mischief rule and why is it defunct?

It examines the original purpose of the particular provision under consideration:

1. what was the CL before the making of the act?

2. what was the mischief and defect for which the CL did not provide?

3. what remedy for the mischief has Parliament intended to provide?

4. what was the true reason for Parliament adopting that remedy?

Defunct because it has been subsumed into the purposive approach

What are 3 key linguistic presumptions or maxims?

1. Expressio unius est exclusio alterius

2. ejusdem generis

3. noscitur a sociis

Meaning of expressio unius est exclusio alterius - The expression of one thing is to the exclusion of another

The express mention of one thing excludes its extension to others . The presumption is that because this is a closed list, Parliament intended only to include those items that are stated

Meaning of Ejusdem generis - Of the same kind

Used when a statute includes a generic but non-exhaustive list of items.

The presumption is that, where general words follow a list of specific words, the general words are interpreted so as to restrict them to the same kind of objects as the specific words - look at the words and see what characteristics they have in common

Meaning of noscitur a sociis - A word is known by its associates

The words of a statute are understood in the context of the statute itself, including any part of the statute not just the provision itself.

Wider than ejusdem generis

What is the difference between primary and secondary EU law?

What are EU regulations?

Regulations are directly applicable in the legal systems of the MSs so they do not have to enact any national legal measure to implement them or give effect to them

Individuals can rely on these in their national courts so long as the EU law in question was sufficiently clear and unconditional in nature i.e. has direct effect

What are EU decisions

Legally binding only on the parties to whom they are addressed.

May be enforced in national courts against the party whom they are addressed providing certain conditions are met

What are EU directives

They are binding as to the result to be achieved so member states must pass national legislation to implement them within their legal system but MS have the choice as to form and methods

Where a directive has been implemented properly by the MS an individual will be able to rely on the rights conferred by the national legislation which implemented it

consequences for failing to implement a Directive properly or on time

Infringement proceedings may be started against MS by the European Commission and determined by the CJEU

Even if the directive has not been properly implemented, they may be enforced in national courts:

1. direct effect - available if the implementation date has passed

2. indirect effect - obligation on domestic courts to interpret domestic law compatible with EU law where possible

3. state liability - form of compensation available for a state’s failure as long as it has sufficiently serious consequences

What did Van Gend en Loos and Costa v ENEL hold in regards to EU law

EU law has supremacy over conflicting domestic law

Process of preliminary references to the CJEU

Art 267 TFEU - allows national courts to be able to refer questions to the CJEU about the interpretation of EU law and the validity of the acts of the EU institutions including secondary legislation produced by them

Preliminary ruling = CJEU makes ruling on the questions which were referred to it

this ruling is then passed on to the national court to decide how to apply it

Magistrates’ Court

• Level of court

• What offences

• Powers

• When can they send to CC

• Can it set precedent/who is bound by

• Lowest level in the hierarchy of criminal courts

• Summary criminal offences and triable either way offences (+some civil jurisdiction)

• Power to impose an unlimited/max prison sentence of 12 months for a single either way offence

• when they do not have power to impose a higher sentence or because the offence is one triable wither way and CC is more appropriate for sentence or trial

• Cannot create precedent but it is bound by the Administrative Court, CA and SC

Crown Court

• Rank

• Type of offences

• Jury or no jury?

• Senior court of first instance in criminal law

• indictable only offences and either way offences transferred from the MC

• Jury trial in almost all cases

Appeals from the MC

• Convicted D may appeal to the CC against their conviction, sentence or both

• If conviction, trial will be de novo = heard afresh with all evidence and witnesses examined again before a CC judge and 2 Magistrates

• If P or D consider the MC decision was legally flawed it may appeal to the Administrative Court = appeal by way of case stated

Appeals from the CC

D may appeal their conviction, sentence or both in the CC with the permission of the CA (Criminal Division)

• If permission refused, the decision may also be appealed

P may apply to the CA for an order quashing the acquittal of anyone found not guilty of a serious offence

AG may appeal against unduly lenient sentence imposed by CC

CA will quash a criminal conviction of the CC if satisfied that the conviction is unsafe e.g. new evidence, errors that occurred during trial process or misdirection of law by the trial judge

Grounds for appealing against a sentence in CC

• sentence is not justified by law (judge made an error)

• sentence based on an incorrect version of the evidence

• judge took irrelevant matters into account when sentencing

• judge misapplied or failed to give sufficient weight to the sentencing guidelines

Appeals from the CA to the SC

Either D or P may apply for permission to appeal

However will only be heard if certified (either by the CA or the SC) as being on a point of law of generic public importance

what is the judicial committee of the privy council

Final appeal court for the UK overseas territories and Crown dependencies + Commonwealth countries which have retained appeal to His Majesty in council or judicial committee

Advises the Crown (always followed by monarch)

Hears both civil and criminal matters

Consists of senior members of the judiciary from SC and Commonwealth jurisdictions

Decisions not binding on the English courts but its opinions can be highly persuasive

What is the Criminal cases review Commission

responsible for reviewing alleged miscarriages of justice in the UK

Can send cases back to the CA for review if there is a real possibility that the CA will overturn the conviction or sentence - identify new evidence or a new legal arguement that makes the case look significantly different

If decision was made in MC or Youth Court it will be sent back to CC for review

What is the standard of proof in civil courts and who is it on?

on the balance of probabilities (more than 50%)

The claimant ( with some exceptions)

where do civil cases begin?

County Court

Higher value claims (above £100,000 or £50,000 for PI) begin in the HC

What are the 4 tracks in civil courts and how is a case allocated?

1. multi track

2. intermediate track (between £25k and £100k)

3. fast track

4. small claims track (less than £10k)

Each case is allocated to a track depending on its financial value and complexity

what are the levels of judges in the County Court for civil cases

• Deputy District Judges (DDJs) are the most junior. They are often 'fee paid' i.e. paid a daily rate, rather than a salary.

• District Judges (DJs) are the next level up. Most judges in the County Court are District Judges. They hear some final hearings, but the majority of their work is procedural.

• Circuit Judges (CJs) are the most senior. There are also Circuit Judges in the Crown Court. The more complex cases in the County Court will be heard by a Circuit Judge. They will also hear appeals from decisions by DJs and DDJs.

Appeals from the County Court

An appeal against a decision by a Deputy District or District Judge will remain in the County Court to be decided by a Circuit Judge.

The decision of a Circuit Judge can be appealed to the High Court, and subsequently to the Court of Appeal (Civil Division) but only with permission.

In principle, a decision of the Court of Appeal (Civil Division) can be appealed to the Supreme Court, but only if it deals with a point of law of general public importance.

County Court does not create precedent. It is bound by the higher courts.

what are tribunals

specialist bodies dealing with administrative and regulatory cases (no jurisdiction in criminal matters)

2 Tribunal levels:

1. first tier tribunal

2. upper tribunal (senior court equivalent to the HC, it hears appeals from the First Tier Tribunal)

How many first tier tribunals are there?

They are known as chambers and there are 7:

1. War Pensions and Armed Forces Compensation Chamber

2. Social Entitlement Chamber

3. Health, Education and Social Care Chamber

4. General Regulatory Chamber

5. Tax Chamber

6. Immigration and Asylum Chamber

7. Property Chamber

The Employment Tribunal is also at 'first tier' level but is not a 'Chamber' of the First Tier Tribunal.

Tribunal hear appeals from citizens against decisions made by government departments or agencies, although proceedings in the Property Chamber are on a private law basis, as are proceedings in the Employment Tribunal.

How many chambers in the Upper tribunal?

There are four chambers in the Upper Tribunal, hearing appeals from the First Tier. The Employment Appeals Tribunal is at Upper Tribunal level but sits separately.

Who is the Senior President of Tribunals

The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary.

what is a tribunal or chamber president?

A Tribunal or Chamber President is responsible for the day-to-day judicial administration of their tribunal or (within the new simplified, two-tier structure) their Chamber.

what are tribunal members

Tribunal members are the specialist non-legally qualified. ‘lay’ members of the panel hearing the case. Not every panel includes non-legal members.

What are coroner’s courts

Coroners investigate all deaths where the cause is unknown, or where there is reason to think it was not due to natural causes.

Coroners' investigations are called 'inquests'.

Coroners are barristers, solicitors or medical practitioners of not less than five years standing, who continue in their legal or medical practices when not sitting as coroners.

what are public inquiries

Public inquiries are major investigations, convened by government departments, that are given special statutory powers to compel testimony and the release of other forms of evidence.

The only justification required for a public inquiry is the existence of "public concern" about a particular event or set of events.

what are the senior courts of E&W

1. SC

2. CA

3. HC

4. CC

What are the 3 divisions of the HC?

1. King’s bench division

2. Chancery Division

3. Family division

Judges in the HC

• nominally appointed by the monarch on the recommendation of the Lord Chancellor, after a fair and open competition administered by the Judicial Appointments Commission.

• must satisfy the judicial appointment eligibility condition on a seven-year basis or be Circuit Judges who have held office for at least two years.

• given the prefix ‘the Honourable’ and referred to verbally as 'Mr/Mrs/Ms Justice [surname]’. This is abbreviated to: '[surname] J’ in writing.

What are Masters in the HC

At first instance they deal with all aspects of legal proceedings, from its issue until it is ready for trial by a trial judge – usually a High Court judge. After the trial, the Master resumes responsibility for completion of the case.

The Masters comprise: the Senior Master and nine King’s Bench Division masters; the Chief Master and five Chancery masters.

What is the King’s bench division

predominantly a civil court but also has some criminal jurisdiction (through the Administrative Court).

deal with ‘common law’ business – notably actions relating to contract disputes and claims in tort.

KBD judges also preside over more specialist matters, such as applications for judicial review – a type of case which seeks to establish if a government decision has been made in the correct way.

what is the administrative court

The Administrative Court is part of the King's Bench Division. It is responsible for the administrative law jurisdiction of England and Wales.

Its varied work is directed at the lawfulness of actions of central and local government, regulatory and disciplinary bodies, inferior courts and tribunals, and other public bodies and officials exercising public functions. It has both a civil and criminal jurisdiction (notably appeals 'by way of case stated' from the magistrates' courts).

What is the chancery division

The Chancery Division currently incorporates the Insolvency and Companies Court, the Patents Court and the Intellectual Property Enterprise Court (IPEC).

what do the business and property courts do

The business and property courts include:

- The Commercial Court (e.g. shipping, sale of goods, insurance and reinsurance)

- The Business List

- The Admiralty Court

- The Circuit Commercial Court (previously the Mercantile Court)

- The Technology and Construction Court

- The Financial List (e.g. banking and financial markets)

- The Insolvency List

what is the family court

the main court of first instance for both public and private family matters (at an equivalent level to the county courts).

where can solicitors carry out advocacy

Solicitors can carry out advocacy in the Magistrates’ Court; County Court; the Tribunals; and Appeal Tribunals.

Solicitors are not generally authorised to carry out advocacy in the 'Higher Courts', which, for the purposes of civil disputes, means the High Court, Court of Appeal and Supreme Court. They must obtain Higher Rights of Audience.

How is the CA structured

It consists of a Civil Division and a Criminal Division

• The Civil Division hears appeals from the High Court, County Courts (if judgement was given by a Circuit Judge) and certain tribunals such as the Employment Appeal Tribunal and the Immigration Appeal Tribunal.

  It is headed by the Master of the Rolls. Cases are generally heard by three judges, consisting of any combination of the Heads of Division and Lords Justices of Appeal.

• The Criminal Division hears appeals from the Crown Court. It is headed by the Lord Chief Justice, who is the Head of the Judiciary and President of the Courts of England and Wales.

Appeals to SC

All Court of Appeal judges are senior judges with lengthy judicial experience. Appointment is by the monarch on the recommendation of a selection panel convened by the Judicial Appointments Commission

The judges of the Court of Appeal are the Heads of Division (the Lord Chief Justice of England and Wales, the Master of the Rolls, the President of the King’s Bench Division, the President of the Family Division and the Chancellor of the High Court) and the Lords Justices of Appeal.

The Lord Justices of Appeal are referred to verbally as "Lord/Lady Justice [Surname]" or, in writing, as "[Surname] LJ".

when was the SC established

It was established by the Constitutional Reform Act 2005 to replace the old Appellate Committee of the House of Lords. However, it did not start sitting until October 2009.

There are twelve Supreme Court judges, known as 'Justices'. They are known as "Lord/Lady [surname]".

how is power distributed under the constitution?

The legislature: The legislature is the body that enacts new law, and repeals or amends existing law. In the UK, this function is said to be carried out by 'the King in Parliament'. In practice, this means the House of Commons and the House of Lords; the King’s role is limited to granting 'royal assent' to new laws.

The executive: This is the body or bodies which formulate and implement policy within the law. In the UK, the executive consists of the Prime Minister and Cabinet, the various government departments, a politically neutral civil service, and other bodies carrying out government functions at the local level, i.e. local authorities or ‘councils’.

The judiciary: This is the body of judges of all levels of seniority, who are responsible for the enforcement of criminal and civil law and the adjudication of disputes between individuals, as well as between individuals and the state.

where do our constitutional rules come from?

1. legislation - Constitutional legislation is legislation which conditions the legal relationship between the citizen and the state in some general overarching manner

2. case law

3. constitutional conventions - rules about the conduct of gov which are regarded as binding in operation but not in law

What are key conventions relating to the legislature

• The House of Lords should defer to the House of Commons.

• The House of Lords should not reject at second reading any government legislation that has been passed by the House of Commons and that carries out a manifesto commitment (i.e. a promise to the electorate in the course of a preceding general election). This is known as the Salisbury-Addison convention.

• Financial bills (e.g. relating to government expenditure and taxation) are only introduced by a Cabinet minister in the House of Commons.

• The Westminster Parliament will not normally legislate with regard to devolved matters in Scotland, Wales or Northern Ireland without the consent of the devolved administration (the Sewel Convention).

• House of Commons should be consulted before the government embarks on any major foreign policy initiatives involving the use of armed forces.

what are key conventions relating to the executive

• The monarch acts in accordance with the advice given by his Ministers (e.g. with regard to proroguing Parliament).

• The monarch will not exercise his legal right to refuse royal assent to bills passed through Parliament.

• The monarch will appoint as Prime Minister the leader of the political party which is able to command the confidence of the House of Commons.

• The Prime Minister chooses the Cabinet Ministers (i.e. the heads of government departments).

• The Prime Minister and the Chancellor of the Exchequer should be MPs.

• After a vote of no confidence by the House of Commons, the government will resign, and the Prime Minister will advise the monarch to dissolve Parliament. This will lead to a general election. (Note that this position was impacted while the Fixed-term Parliaments Act 2011 was in place, before its repeal in 2022.)

• The monarch must be asked for consent to proposed legislation affecting the interests of the monarchy.

what are some key conventions relating to the judiciary

• Judges should not be politically active. (In addition to offending convention, this would risk the appearance of judicial bias and undermine the parties' right to a fair trial).

• Parliament must not criticise the professional conduct of judges.

Difference between HC and HL

HC = representative elected body of 650 members from different political parties

HL = unelected body of appointed life peers and bishops (Lord Spiritual)

what is a surgery and how often does it happen

usually weekly

MP holds it and local people can talk to their MP about any problems or matters which concern them and MPs and their staff then make representations on their behalf

After how many years will Parliament automatically dissolve?

5 years

How else can a general election be triggered

1. Following a request by the PM to the monarch for him to exercise his prerogative power to dissolve Parliament

2. Following a vote of no confidence in the current gov

what is an overall majority

the number of seats won by the winning party is more than the combined number of seats for all other Parties in the new Parliament

The leader of the party with the overall majority becomes PM

Role of PM

• King’s principal adviser

• chairs the Cabinet (senior ministers in charge of gov departments)

• overall responsibility for policy and operation of the gov

• PMQs each Wednesday midday in HC

what must the Speaker of the House do when elected

Must resign from their political party but they still work as an MP

Purpose of committees

scrutinise the work of the gov and examine proposals for primary and secondary legislation

2 types

1. Select committees - investigate the work of individual gov departments or broader policy areas

2. Public bill committees - appointed to debate and amend proposals for new legislation

Who makes up the HL?

750 peers - either life or Lords Spiritual

Life peerages are granted by the monarch on the advice of the PM

Effect of the Constitutional Reform Act 2005

• HL judicial function was separated from parliament and transferred to the UKSC

• end of Lord chancellor’s combined role as head of the judiciary, executive and speaker of the HL

Powers of the HL

• Consider BUT NOT BLOCK legislation on public finances e.g. changes in tax law

• scrutinise and make amendments to legislation approved by HC

who is the executive made up of?

1. The monarch

2. PM and cabinet (21 senior gov ministers)

3. Gov departments (run by neutral civil servants)

rankings of gov departments

1. sec of state

2. minister of state

3. parliamentary under secretary of state

what are the core gov departments

- The Cabinet Office (responsible, amongst other matters, for national emergencies and constitutional reform)

- The Foreign Office (responsible for relations with foreign states)

- The Home Office (responsible for the security of the United Kingdom and policing)

- The Ministry of Justice (responsible for the administration of the Courts and Tribunals system, and prisons and probation)

- The Treasury (responsible for economic policy, including public spending, i.e. the allocation of taxes paid by the public)

where are the powers of gov departments derived from

1. statute

2. CL (usually royal prerogative - the government exercises its powers in the name of the monarch, but that the exercise of prerogative power today means the exercise of power by the government without parliamentary approval)

The internal administrative arrangements of government departments are generally made under prerogative powers, except for the appointment of accounting officers. Accounting officers are responsible for the preparation of department accounts. They are appointed by the Treasury, pursuant to the Government Resources and Accounts Act 2000.

The allocation of funds to government departments requires the approval of Parliament.

what is the carltona principle

The principle that the actions of government department officials are synonymous with the actions of the Minister in charge ‘

Ministers remain politically answerable to Parliament for such decisions, however.

how is the power of the executive limited

The government can only act if it is expressly authorised, either by statute or common law, to do so.

If the government acts in excess of the powers it is given, the Administrative Court will intervene – not of its own accord, but if a claim is started against the government via judicial review

what constitutional principles are the gov and its ministers subject to?

- Laws may not be suspended: the government may not suspend any law without the consent of Parliament (Bill of Rights 1689, s. 1).

- Taxation: All taxes require the consent of Parliament. They must be set out in legislation.

- Habeas corpus: the restrictions imposed on the arbitrary imprisonment and punishment of citizens remain an important limitation on government power today and can be traced back a long way into history, including to the Magna Carta (1215).

- Freedom from arrest: there are no longer any common law powers exercisable by the monarch or by government ministers, to issue warrants of search or arrest.

- Impeachment: Parliament can inquire into alleged illegal acts by ministers (though this power has very seldom been exercised).

Effect of the Constitutional reform act 2005

• Reformed the office of the Lord Chancellor, so that judicial functions have largely been taken over by the Lord Chief Justice.

• Established the Supreme Court, as a separate entity from the Appellate Committee of the House of Lords (which had previously been the most senior UK court).

• Created the Judicial Appointments Commission for the appointment of judges. Prior to this, the monarch had appointed judges on the 'advice' of the Lord Chancellor.

role of lord chancellor

• Appointed on the advice of the PM

• The Lord Chancellor is now responsible for the administration of the court system, and also holds the post of Secretary of State for Justice.

what safeguards are in place to prevent excessive influence by the Lord Chancellor

• The Lord Chancellor has a legal duty to uphold the independence of the judiciary (s. 3(1) CRA 2005).

• The Lord Chancellor must not seek to influence particular judicial decisions through any special access to the judiciary (s. 3(4) CRA).

role of lord chief justice

• appointed by a special panel convened by the Judicial Appointments Commission. Appointments are generally made from the ranks of current Court of Appeal judges.

• The Lord Chief Justice is the Head of the Judiciary of England and Wales, and the President of the Courts of England and Wales.

  The key responsibilities of this office are:

  • Representing the views of the judiciary of England and Wales to Parliament and government.

  • The welfare, training and guidance of the judiciary of England and Wales. (The provision of resources for the judiciary are allotted by the Lord Chancellor).

  • The deployment of judges and the allocation of work in courts in England and Wales.

what oaths do judges make when sworn in

The first oath is allegiance to the sovereign.

The second is the 'judicial oath' dealing with two key constitutional principles:

1. Judgment according to applicable law ("after the laws and usages of this realm")

2. Impartial and independent judgement ("without fear or favour …")

what does it mean when an act is non-justiciable

courts accept that they have no or very limited jurisdiction to decide whether the act is lawful. The reason for non-justiciability is that the question is a purely political one, and so not suitable for determination by judges.

However, all government powers are legally finite: one of the courts' key roles is to determine where the boundaries of power lie.

How was the United Kingdom created

1. Administration of Welsh territories incorporated into the Kingdom of England - Laws in Wales Acts 1535-1542

2. England and Scotland form Great Britain in 1707

3. Ireland joins England, Wales and Scotland by the 1801 Acts of Union

4. Republic of Ireland created in 1937 and NI left in the UK

What is devolution

Grant by the UK Parliament of legislative powers to the devolved legislatures and administrations (executives):

• Scottish Parliament = Scottish Gov

• Senedd (Welsh Parliament) = Welsh Gov

• NI Assembly = NI executive

what are devolved matters and reserved matters?

Devolved matters = areas of gov where decision making has been delegated by the UK parliament to the relevant devolved administration

Reserved matters = decisions still taken in Westminster, even though they have effect in Scotland, Wales and NI e.g. immigration, defence and foreign policy

Fiscal policy and public expenditure across the whole of the UK belongs to HM treasury though S and W govs have had a degree of control over raising revenue