ETE to which the UK is now effectively a federal system (30 marks)

P1:

• Heightened nationalist sentiment in Scotland as well as inequitable devolution has caused successive governments to deliver further devolutionary powers

national sentiment in Scotland for example 2011 59 seat election win for the SNP politicians have therefore promised further devolution to preserve the union but this has only heightened national sentiment

 

2014 Cameron promises further powers to win independence referendum as of 2021 in wake of 2016 Scotland act they have primary legislative powers like raising income tax 10P setting stamp duty and borrowing

 

as a result of an equitable devolution the Welsh Assembly created in 1999 has increased its legislative powers need for symmetry 2015 George Osborne lays out partial control of income tax without referendum 2017 Wales act up to 10 P undermining financial authority of treasury

 

2018 assembly decides that by 2021 should be known as the Welsh parliament

HOWEVER

• In devolution settlements only power has been delegated rather than sovereignty a key feature of the constitution is that parliament is sovereign which allows it to maintain power over all reserved matters and as acts of parliament are not legally entrenched the ability to revoke settlements

there is only one sovereign centre power in the UK parliament is legally sovereign so it is the ultimate source of law and ultimate source of all political power acts of parliament such as the Wales act 2017 the Scotland act 2016 and the Belfast Agreement 1998 can all be revoked by parliament

P2:

• Rights of abolition of devolved bodies has been challenged by both qualification of the permanence of assemblies and popular sovereignty through referenda

• Whilst in a legal sense the UK remains a unitary state it could be argued that it is in fact quasi federal whilst evolution settlement is not entrenched in a dangerous sense in a de facto sense it is highly unlikely that powers will ever permanently return to Westminster

• This is significant as it mirrors federal arrangements in which each have their own jurisdiction in specific matters of legislation taxation and administration

2017 Wales at the 2016 Scotland act codified the constitutional president that the only way of abolition through a referendum permanent feature of constitution- quasi entrenched

 

popular sovereignty reduces rights of abolition 1997 Scotland to 75%  in favour on 60% turn out

 

1997 Wales 50.3% in favour on 50.2% turn out

 

Northern Ireland Assembly part of the Northern Ireland peace process as Monday intertwined with Good Friday Agreement heightened tension by Brexit no government would abolish or reduce its powers for fear of causing political uproar 1998 Good Friday 71% in favour on 81% turn out

HOWEVER

 

• Contrary to federal states powers have been devolved to the regions asymmetrically it is a key feature of federal state that powers granted to regional governments are equal and symmetrical which is not present in the UK system

evels of financial devolution vary between each devolved parliament due to the Barnett formula which allocates funding assymetrically in 2017 NI gained the most public soending oer head

 

Although the Wales act 2017 extended the powers of the Welsh Assembly to grant a wider range of legislation levels of legislative and administered to devolution widely vary between each devolved body only Scotland and Northern Ireland have powers over justice and policing

P2:

• Devolved bodies have separated themselves through different policy arrangements most notably during the COVID pandemic- similar to a federal arrangement

England and Northern Ireland lifted restrictions after the first lockdown quicker than Scotland and Wales did opening non essential retail as well as pubs and restaurants other policy differences followed including in relation to GCSE and a level results in 2021

 

in England there is a prescription charge of £9.35 per item Boston Wales Scotland and Northern Ireland prescription charges have been abolished

 

in Scotland Wales and Northern Ireland there is also greater financial support for the costs of care for the elderly than there is in England

 

in Scotland tuition fees were scrapped in in Wales tuition fees for home students are capped at 9000 per year and in Northern Ireland tuition fees for home students are capped at 4630  per year

HOWEVER

• The Gov. Has challenged devolved bodies in recent years showing the system is not federal

Section 35 order- Sunak over the gender recognition bill

 

The SC ruled in 2017 that the devolved bodies could not reject what parliament passes or passed in relation to Brexit

 

2022 denying the Scottish parliament the right to trigger a second indpendence referendum