week 13: Regionalism and Federalism

Course Overview

Subject: British Politics and Government
Course Code: GOV 366G
Instructor: Professor David L. Leal
Semester: Spring, 2025
Topic: Week 13 - Regionalism and (Emerging?) Federalism

Comparisons to USA

• (From Lord Philip Norton book)

  – Federal nation

  At the core of us is the states

  – Colonies/states pre-date national government

  – Constitution specifies powers of federal

  branches (so not unlimited)

  – 10th Amendment: other powers reserved to

  states and people

  – And local governments in US have power, in

  practice

  “Dillon’s Rule” in theory (cities and localities are “creatures of the state” states create those things, cities only exsist cus states create them)

  Home Rule in reality

UK Differs from US

(1) Unitary State: Unlike the U.S., the UK comprises nations united under a centralized government (the Crown and Parliament).

• all under the onarchy when they join- no consitution necessary to say that

(2) Central Power: Power resides at the center, with local governments created by Parliament, which can alter or abolish them at any point.

• basically anything can be change by the center

(3) Asymmetrical Devolution: Devolved institutions possess unequal powers; for instance, there is no elected assembly for England.

• why doesnt england have a parliment

• england is the largets part of the uk so seems redundent to include it

(4) Different Electoral Systems: Various electoral systems are in use at different government levels within the UK, unlike the few systems present in the US (e.g., Maine uses ranked choice voting, and Alaska uses top-four ranked choice voting).

• where u live makes a difference ex. california has income tax and texas doesnt

Devolution in the UK

• The UK is no longer a homogeneous country governed solely by Westminster; a process of devolution has taken place over four decades.

  – Not new: four decades of devolution

  – Meaningful: people increasingly aware that

  where they live within UK can matter to their

  everyday lives

  • devolution is not new goes all the way back to the 1800s

Understanding Devolution

• – “Devolving of powers from the centre to the

  periphery”

  – Does not involve transferring sovereignty (regions of uk dont have soverignty- not represnting actual soverignty- center LOANS power)

  -Which makes it different from federalism

  - More like “loaning” sovereignty because Whitehall

  can withdraw any power or override any decision

  of the periphery

  – Four aspects

  • Administrative power (carry out functions) (beauracracy)

  • Executive (make decisions) (first minister or leader of different regions but not actual pm)

  • Legislative (make laws)

  • Fiscal (taxing and borrowing

Models of Devolution

• – State realism

  Centre is just adjusting to political realities

  By giving nations and localities more of the power

  they want

  – European regionalism

  EU wanted to directly fund subnational regions

  So nation state became less relevant to regions

  But then Brexit

  – Empire legacies

  As UK gave more power to colonies over time, so it

  is giving more power to regions within UK

  Will it lead to independence?

Legislative Powers in Devolution

• – Can legislate on all issues but those explicitly

  “reserved” to UK national government

  These are termed “reserved powers” (regions dont have any influence over)

  e.g. foreign affairs, defense, immigration, trade

  – For example, Scotland can legislate on

  environment, education, health, agriculture,

  crime, and more

  Powers have grown over time

  – Plus some “reserved” matters can be

  devolved to nation to administer

Nationalism

• – Does not necessarily demand independence

  – May want devolution

  e.g. Yorkshire Party

  – Or more support for local language and

  culture

  e.g. Mebion Kernow party in Cornwall

  – Or union with another nation

  e.g. Sinn Fein and Republic of Ireland.

Historical Context

• The Liberal Party supported federalism in the 19th century, particularly through Gladstone's advocacy for “Home Rule” which lacked support from Labour and Conservative parties.

• – Lack of support among Labour and

  Conservative parties (although for different

  reasons)

  Early Labour did not want national divisions

  interfering with international socialism

  Conservatives saw nationalism in British or English

  terms

  – Growing support in Scotland and Wales

  PC and SNP as “Ethno-regionalist” party (have their own kanguage and cutlure)

  – Unique religious context in Northern Ireland

Ireland’s Religious Conflicts

• Ireland

  – Religious wars between Catholics and

  Protestants

  In Britain, four centuries since religious conflicts

  – Political parties formed on religious bases

  Republicans vs. Unionists

  – Ulster region and Stormont government

  – Catholic civil rights movement in 1960s

  – “The Troubles”

  At height of conflict, 467 people killed in 1972

  IRA; Protestant paramilitaries; British Army; Royal

  Ulster Constabulary (RUC)

Political Parties in Northern Ireland

• Predominantly Protestant Parties: Ulster Unionist Party (UUP) and Democratic Unionist Party (DUP).

• Predominantly Catholic Parties: Social Democratic and Labour Party (SDLP) and Sinn Féin.

• The Alliance Party, a non-sectarian party, has gained prevalence in recent elections.

Good Friday Agreement (1998)

• – US, UK, and NI

  – Approved by NI referendum in 1998

  – STV to stop gerrymandering

  – Power sharing in Stormont (keep getting suspended and one aprty keeps dropping out) up until last year it was usspended and britian was running northern ireland

  – Weapons decommissioning

  – UK agrees that NI can leave UK if majority of

  people in NI and Republic of Ireland want this

  – But various controversies, scandals, and

  starts and stops to power sharing in Stormont

  e.g. suspended 2017-2020, 2022-24

  So Westminster directly ruled then

Post-Brexit Issues for Northern Ireland

• – After Brexit, only part of the UK to share a

  land border with an EU nation (Republic of

  Ireland)

  – Creates challenges for trade and border

  controls

  Republicans do not want a “hard” border between

  Republic of Ireland and NI

  Unionists do not want laws separating NI from Great

  Britain

  – One of two “nations” to vote Remain during

  Brexit referendum

Scotland’s Political Landscape

• – Four centuries in the UK

  Act of Union in 1707

  – Yet retained separate church, education, and

  legal systems

  – UK government has Scottish Office with

  Secretary of State for Scotland (part of the

  Cabinet)

  – Failed devolution referendum in 1979

  – Passed in 1997

  First Scottish parliamentary elections in 1999

  FPTP + AMS

• Conducted on September 18: “Should Scotland be an independent country?” with a turnout of 84.6% and a result of 44.7% Yes to 53.3% No.

• The desire to rejoin the EU has become a new motive for a second independence referendum (“Indyref2”).

Independence ?

• – Independence referendum

  September 18, 2014

  “Should Scotland be an independent country?”

  Voting age lowered to 16

  Lost 44.7 to 53.3

  84.6% turnout

  – Scotland voted Remain

  Desire to rejoin EU a new rationale for a second

  independence referendum

Outcome and Changes Post-Referendum- what is referendum had passed?

• – Would Scotland need a written constitution?

  – Who would be its head of state?

  The Queen, like Canada and Australia?

  – Could Scotland use the pound?

  – Create new legal and administration systems

  – New radio and TV stations?

  – Border controls between Scotland and

  England?

  – Create own military forces?

  – Would EU let Scotland join?

  – Would UK flag have to change

Referendum failed but….

• David Cameron and “The Vow”

  – Promised Scotland additional devolved

  powers

  – To encourage people to vote No on

  referendum

  – So had to be enacted once referendum failed

Scotland Act of 2016

• – Based on recommendations of Smith

  Commission (made this to make devo max)

  – Permanent Scottish parliament

  – Power to set income tax rates

  Also, control of real estate sales tax, land tax

  And create new taxes

  – Influence over social welfare benefits

  – Decide on Scottish electoral system

  – Receive half of Scottish VAT receipts

  – Among other new powers

West Lothian Question

• Raised in 1978 by anti-devolution MP who

  represented constituency of West Lothian

  – Why should MPs from Scotland vote on

  legislation that affected only England when

  MPs from England could not vote on

  legislation that affected devolved issues in

  Scotland?

  – This led to EVEL

  English Votes for English Laws

  2017, but repealed in 2021

  Not used a lot, and not easy to determine whether

  legislation affected only England

  Barnett Formula

• – UK formula that shapes how much central

  government money goes to the four “nations”

  – Basically pays more money to Scotland and

  Wales than to England, so controversial in

  England

  – Scotland and Wales rely on government for

  much of their funding, despite devolved

  taxation powers

Wales and its Unique Context

• – Different relationship to England than

  Scotland

  Prior to various Acts of Union laws during Henry VIII,

  not a single nation but a patchwork of lands

  Essentially became a set of counties administered

  by UK

  – Welsh nationalism emerged in 20th century

  Began to create national institutions, such as

  National Library, National Museum, Welsh

  regiments in Army

  – Welsh Office with Secretary of State for Wales

  (1964)

Welsh Devolution

• – Less enthusiasm than in Scotland

  – Failed devolution referendum in 1979

  – Approved referendum in 1997

  By only 0.3 percent of the vote

  – Created Welsh Assembly: Senedd Cymru

  At first, only had power to amend secondary

  legislation rather than originate primary legislation

  – Government of Wales Acts of 2014 and 2017

  New powers ranging from road signs to electoral

  systems to income taxes

Devolution After Brexit

• – During exit agreement negotiations between

  UK and EU, the nations largely ignored

  – All three nations voted against Boris

  Johnson’s exit agreement, but did not matter

  – Constitutional problem?

  UK had previously said laws that affected devolved

  bodies needed their consent

  But in this case, government just said this was an

  exception

English Regionalism

• – Many local identities

  – But not all want new political powers

  – “Triple Lock” process

  Confusing name, because also used for pension

  increases

  Region must petition for devolved powers;

  Parliament must pass law; region must approve it

  by referendum

  – London: approved referendum in 2020 for

  Mayor and elected council

  – North-east region: rejected regional assembly

  referendum in 2004

Conclusions

• Devolution has not helped the nations or

  regions converge economically

  Disparities as wide as ever

  – Yet it has not caused UK to break apart

  – UK now more federal than ever

  Many laws passed by devolved governments

  – Coalitions common in devolved governments

  PR electoral systems do not necessarily lead to

  unstable government

  – Created opportunities…

  For younger generation of politicians to win offices

  For “third” parties

Chapter Review

• UK’s “territorial constitution”

  – Radically reshaped since 1999

  – No equilibrium

  – Evolving in ad hoc and uncontrolled way for

  two decades

  – Scottish referendum defeated (September,

  2014), but SNP invigorated

  Debate about a second referendum

  – “chain reactions” with unclear end results

Post-Referendum Reactions and Dynamics

• SNP won majority in 2011

  – First Minister Alex Salmond claimed a

  referendum mandate

  – UK and Scottish governments negotiated

  – Straightforward yes/no question

  No third option for “devo-max”

  – Why did UK agree?

  Government thought it would be defeated

  Refusal would only encourage movement

  – Dueling position papers

  – “Yes Scotland” vs. “Better Together

Debate Tactics

• – All “national” parties (Labour, Conservative,

  Liberal Democrats) opposed

  – Key voters were “devo-max” people in middle

  – Both sides had ‘positive’ and ‘negative’

  arguments (Table 13.2)

  Pro: get away from Conservative rule; promote social

  justice and equality

  Con: economic risk of independence; devolution will

  bring more powers to Scotland

  – North Sea oil

  – The Vow: more power and money for Scotland

Debate about Relationship with UK after

Independence

– The Queen?

– The pound?

– Could Scotland join the EU?

Defeated 45-55%

– Strongest correlates

For No: age and economic concerns

For Yes: inequality

Aftermath of the Referendum

• – Smith Commission to fulfil “The Vow”

  Create DevoMax

  – Scotland Act of 2016 (as discussed earlier)

  – Nicola Sturgeon replaces Alex Salmon as

  First Minister

  (Leaves office 2023)

  – 2015 Parliamentary election (year after ref)

  SNP wins 50% of vote

  56/59 seats

  Labour lost 40 seats, LD lost 10

  So independence debate far from over…

  Status Quo

  – Brexit vote accentuated Scottish/English

  differences

  – Can central government continue to manage

  national differences?

  – Cooperation through civil servants, but not at

  strategic political level

Future Direction

• Is There Any Plan?

  – Changes are short-term tactical reactions, no

  thought to long-term effects

  – UK Government as not “leading” on UK

  territorial issues

  – “seemingly inexorable process of

  disintegration”