Chapter 3: Devolution

Comprehensive practice flashcards covering UK constitutional fundamentals, the sources of the constitution, royal prerogative, constitutional conventions, parliamentary sovereignty, parliamentary privilege, and devolution settlements across Scotland, Wales, and Northern Ireland.

How is the United Kingdom constitution classified across five key structural characteristics?

It is unwritten/uncodified (no single document), monarchical (unelected head of state), unitary (Westminster is supreme, with quasi-federal devolution), flexible (no special amendment procedure), and has an informal separation of powers (overlap in function and personnel).

What are the three core principles of the United Kingdom constitution?

The rule of law, the separation of powers, and the sovereignty of Parliament.

Why are major constitutional statutes like the Magna Carta 1215 or Human Rights Act 1998 considered unentrenched?

They can be repealed by an ordinary Act of Parliament; courts cannot strike them down, meaning limits on Parliament are political rather than legal.

What core constitutional principle was established in Entick v Carrington?

State action requires legal authority.

What legal limit on the monarch was affirmed in Prohibitions del Roy?

Disputes are for the courts to decide, not the King.

How did A.V. Dicey define the royal prerogative?

The residue of the Crown’s discretionary power that Parliament has not removed.

What principle governs the conflict between an Act of Parliament and the royal prerogative under the De Keyser case?

If a statute covers the whole ground, the statute rules; the prerogative is placed in abeyance and only revives if the statute is repealed.

What was decided in the Northumbria Police and Fire Brigades Union cases concerning prerogative powers?

Northumbria Police established that statute and prerogative can co-exist unless inconsistent, while Fire Brigades Union held that the prerogative cannot be used inconsistently with a statutory scheme.

What restriction did Miller (No 1) establish regarding the exercise of the royal prerogative?

The prerogative cannot be used to nullify statutory rights.

Which statute revived the royal prerogative power to dissolve Parliament?

The Dissolution and Calling of Parliament Act 2022 (repealing the Fixed-term Parliaments Act 2011).

What is the legal status and enforceability of constitutional conventions under Miller (No 1)?

Conventions are non-legal binding rules that are not enforced by the courts, even when codified in statute (such as the Sewel Convention).

What are the Salisbury and Sewel conventions?

Under Salisbury, the House of Lords will not block government manifesto bills; under Sewel, Westminster will not normally legislate on devolved matters without devolved consent.

How many Members of Parliament sit in the House of Commons, and what is the statutory cap on ministers sitting there?

There are $650$ MPs, and the House of Commons (Disqualification) Act 1975 caps ministers in the Commons at a maximum of $95$.

What triggers a recall petition under the Recall of MPs Act 2015, and what leads to a by-election?

A petition is triggered by a custodial sentence, suspension of at least $10$ sitting days, or false expenses information; a by-election occurs if $10\%$ of constituents sign within $6\text{ weeks}$.

How is the House of Lords composed, and what does the House of Lords (Hereditary Peers) Act 2026 enact?

It consists of life peers (Life Peerages Act 1958), up to $92$ hereditary peers (HoL Act 1999), and $26$ Lords Spiritual; the House of Lords (Hereditary Peers) Act 2026 abolishes the remaining hereditary peers.

How do the Parliament Acts 1911 and 1949 restrict the House of Lords' delaying powers over bills?

Money bills receive Royal Assent after $1\text{ month}$; other public bills can pass if rejected by the Lords in two successive sessions, with $1\text{ year}$ between the second reading in session one and the third reading in session two (excluding bills extending Parliament’s life).

What is the operational difference between the affirmative and negative procedures for delegated legislation?

Affirmative statutory instruments require explicit approval, whereas negative statutory instruments become law unless annulled by an objection within about $40\text{ days}$.

What are the three limbs of Parliamentary Sovereignty according to A.V. Dicey?

Parliament can make or unmake any law; no Parliament can bind its successors; and no body can question the validity of an Act of Parliament.

What does the enrolled Act rule establish in Wauchope and Pickin?

Courts will not look behind an Act of Parliament to investigate procedural defects or how it was passed.

What test defines a constitutional statute under Thoburn v Sunderland City Council, and how can one be repealed?

It conditions the citizen-state relationship or alters fundamental rights; it cannot be impliedly repealed, but only repealed by express words or irresistibly specific statutory language.

What effect did Section 2(4) of the European Communities Act 1972 have in Factortame (No 2)?

It enabled courts to suspend an Act of Parliament incompatible with EU law, displacing the doctrine of implied repeal for EU law.

How was the supremacy of retained EU law brought to an end?

The Retained EU Law (Revocation and Reform) Act 2023 ended retained EU law supremacy from $1\text{ January }2024$ and replaced 'retained EU law' with 'assimilated law.'

What are the constitutional legal effects of Sections 3, 4, and 19 of the Human Rights Act 1998?

Section $3$ requires compatible interpretation 'so far as possible'; Section $4$ permits declarations of incompatibility without invalidating the statute; and Section $19$ requires a minister's statement of compatibility or a statement that the government wishes to proceed anyway.

What scope of protection is provided by Article 9 of the Bill of Rights 1689 according to Church of Scientology and Rost v Edwards?

Article $9$ provides absolute immunity for proceedings in Parliament, covering core proceedings and necessarily connected matters, but Rost v Edwards held that the Register of Interests was not covered.

What did the case of R v Chaytor determine regarding exclusive cognisance?

Exclusive cognisance over internal parliamentary procedures does not protect MPs from criminal prosecution for submitting false expenses claims.

How do the devolution models in Scotland and Wales differ from Northern Ireland?

Scotland and Wales operate on the reserved powers model (all matters not reserved are devolved); Northern Ireland uses transferred, reserved (requiring Secretary of State consent), and excepted powers (retained by the UK).

How is the Scottish Parliament constituted, and what protection does Section 63A of the Scotland Act 1998 provide?

It has $129$ MSPs ($73$ constituency, $56$ regional) elected for five-year terms with $16$ and $17\text{ year olds}$ voting; Section $63\text{A}$ makes the Scottish Parliament and Government permanent, requiring a referendum for abolition.

What statutory limitations place a provision outside the legislative competence of the Scottish Parliament?

A provision is outside competence if it forms part of the law of another territory, relates to reserved matters, modifies protected enactments, is incompatible with the ECHR, or removes the Lord Advocate as head of prosecutions.

What changes are scheduled for the Senedd's size and voting system from the 2026 election?

The Senedd will increase from $60$ Members of the Senedd (MSs) to $96$, elected under closed list proportional representation, with terms reverting to $4\text{ years}$ after 2026.

What governance rules define the Northern Ireland Assembly and Executive under the Northern Ireland Act 1998?

The Assembly has $90$ MLAs elected by single transferable vote; the First Minister and deputy First Minister hold office jointly and must be appointed within $14\text{ days}$; and ministerial offices are capped at $10$ without Secretary of State consent.

What test did the Supreme Court apply in the Agricultural Sector (Wales) Bill and Imperial Tobacco cases to determine competence?

The provision 'relates to' a devolved matter based on its purpose and legal effect, even if it touches on reserved or non-devolved areas.

On what grounds can Acts of devolved legislatures be challenged under AXA General Insurance?

They can only be challenged on the grounds of legislative competence, not on common law grounds of irrationality.

What is a Section 35 order under the Scotland Act 1998, and when was it exercised?

It permits the Secretary of State to prevent a Scottish bill from receiving Royal Assent; it was used against the Gender Recognition Reform (Scotland) Bill and upheld by the Outer House.

What are the three tiers of the UK intergovernmental relations structure established in 2022?

Tier $1$ is the Prime Minister and Heads of Devolved Government Council; Tier $2$ comprises the Interministerial Standing Committee (IMSC) and Finance Interministerial Standing Committee (F:ISC); Tier $3$ consists of Interministerial Groups.