2.3 Devolution in the UK

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Last updated 12:43 PM on 4/27/26
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10 Terms

1
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Scotland Act 1988

  • Created Holyrood, elected by PR

  • Reserved Powers Model

  • Schedule 4 - certain Acts are protected from Scottish modification

  • S28(7): Westminster can still make laws for Scotland

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Scotland Act 2016

S28(8) of the 1998 Act, now amended: it is recognised that Westminster will not normally legislate on devolved matters without the consent of the Scottish Parliament.

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Miller 1 on Section 28

a statement of political intent which did not create legal obligations.

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AXA [2012]

although ASPs derive authority from Acts of Parliament, they were not subject to judicial review like other pieces of delegated legislation.

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Jackson v Attorney General

courts can strike down ASPs that breach the rule of law.

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Imperial Tobacco [2012]

the Scotland Act should be interpreted according to ordinary meaning of the words.

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4 Stages of Devolution in Wales

  1. Conferred powers model in 1998

  2. Wales Act 2006 increased competence

  3. 2011 fully legislative phase approved via referendum

  4. 2017 reserved powers model

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Rawlings on the Wales Act 1998

weak and spotty devolution on the back of a narrow yes vote in the referendum.

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Northern Ireland Ac 1998

  • Established Stormont

  • Northern Ireland is part of the United Kingdom until a referendum of the people says otherwise

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3 Types of Power in the NI Act 1998

  • Transferred

  • Reserved

  • Excepted