1-20 of 43 Results

  • Keyword: devolution x
Clear all

Chapter

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter focuses on devolution. The nature of the asymmetrical devolution of legislative and executive power to Scotland, Wales, and Northern Ireland is outlined, along with the position in England, with the ongoing change to these arrangements analysed. Some issues related to devolution which have been raised in the UK courts are then considered, with the chapter using a range of examples from across the UK to discuss the extent to which the devolution settlement is dynamic and continuing to change.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, UK Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary from author Thomas Webb.

Chapter

Sir William Wade and Christopher Forsyth

This chapter begins with a discussion of various aspects of local government including its historical development, principal functions, operations and proceedings, revenues, audit system, and central influence and control. It then describes the legal status and responsibilities of the police force and self-government in Scotland and Wales.

Chapter

Jennifer Seymour, Clare Firth, Lucy Crompton, Helen Fox, Frances Seabridge, Susan Wigglesworth, and Elizabeth Smart

This chapter discusses the law underlying the entitlement to a person’s property on his or her death. It considers the law of ‘testate succession’ where the deceased has left a will; the law of ‘intestate succession’ if there is no will, or if any will left by the deceased is not wholly effective to dispose of their estate; the law governing devolution of property not passing under the terms of the deceased’s will or the operation of the intestacy rules; and the law enabling members of the family or dependants of the deceased to make claims for provision against the estate.

Chapter

Devolution refers to the decentralization of power from central institutions in London to regional institutions exercising executive and legislative authority in Scotland, Wales, and Northern Ireland. This chapter explores the principle of devolution, both in terms of its historical development and its constitutional importance. It discusses recent issues and debates relevant to the role that it continues to play in the UK Constitution through the established institutions in Scotland, Wales, and Northern Ireland. All this is tied together in consideration of a problem scenario which encourages discussion of the powers of the devolved institutions and their relationship with centralized authority at Westminster.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter makes a number of predictions for the English legal system in the coming years. It examines five main issues: continued membership of the Council of Europe, how devolution could affect the legal system of England and Wales, future directions for legal education, the transformation of the justice system through modernization, and the consequences of the vote to leave the European Union.

Chapter

Clare Firth, Jennifer Seymour, Lucy Crompton, Helen Fox, Frances Seabridge, Jennifer Seymour, and Elizabeth Smart

This chapter discusses the law underlying the entitlement to a person’s property on his or her death. It considers the law of ‘testate succession’ where the deceased has left a will; the law of ‘intestate succession’ if there is no will, or if any will left by the deceased is not wholly effective to dispose of their estate; the law governing devolution of property not passing under the terms of the deceased’s will or the operation of the intestacy rules; and the law enabling members of the family or dependants of the deceased to make claims for provision against the estate.

Chapter

John McEldowney

Federalism, to date, has proved unattractive to the United Kingdom. The United Kingdom is commonly described as a unitary state, whereby governmental power is primarily exercised through a sovereign Parliament at Westminster. The UK may be distinguished from Federal countries, notably the United States or Germany. In federal systems, sovereign power is shared between the federal government and the states. However, the description of the United Kingdom as a unitary state is an oversimplification as there are many instances of devolved, shared and autonomous powers that do not easily fit under a centralized view of the state. These ‘quasi-federal’ elements of the constitution arise through the UK Parliament delegating to regional and local communities a variety of powers and responsibilities through elected local and municipal authorities as well as devolved ‘deals’. Since 1989, powers have been distributed to the four nations of the United Kingdom: England, Scotland, Wales and Northern Ireland through extensive, and increasing, devolved powers (devolution) including a variety of tax-raising powers. There is also a London Assembly with devolved powers. The future of the UK after Brexit is uncertain and there are deep divisions of opinion. England and Wales voted for Brexit while London, Northern Ireland and Scotland voted to remain within the EU. Different constitutional configurations were suggested for the four nations, during the nineteenth century, including federalism, Irish home rule and independence as well as strengthening local government. No exact definition of federalism emerged from the different variations supported at one time or another during this period. Consequently supporters of federalism have struggled to have a single configuration to make their case. Overall federalism was rejected as inconsistent with the orthodoxy of a unitary state formed from an incorporating union centred around a sovereign Parliament. Has the extent of substantial devolved and delegated powers reached a tipping point that places a form of divisible federalism as a way of addressing current concerns and controversies including Brexit? Any formal adoption of federalism would alter the role of the UK Supreme Court as well as future relations with the EU after Brexit. Federalism might provide a mechanism for a changing unitary state to address 21st-century challenges amidst a perceptible shift to a ‘quasi-federal’ state with devolved governments and many shared or delegated powers.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter focuses on devolution. The nature of the asymmetrical devolution of legislative and executive power to Scotland, Wales, and Northern Ireland is outlined, along with the position in England, with the ongoing change to these arrangements analysed. Some issues related to devolution which have been raised in the UK courts are then considered, with the chapter using a range of examples in Scotland, Wales and Northern Ireland to discuss the extent to which the devolution settlement is dynamic and continuing to change. It concludes by exploring the impact of Brexit on devolution in particular.

Chapter

This chapter focuses on the UK’s territorial constitution, that is, the governance arrangements that result in power being dispersed rather than concentrated in a single set of national institutions. Devolution involved creating new governments in Scotland, Northern Ireland, and Wales, and investing them with powers that were previously exercised at a UK level. Devolution in the UK is therefore intended to be part of the answer to questions that must be confronted in all political systems: where should governmental power lie? And at what level should laws be enacted and the business of government transacted? Local government plays a key role in decision-making, policy formulation, and the delivery of public services across a wide range of areas, including education, housing, personal social services, transport, and planning control.

Chapter

Lesley McAra

This chapter explores the founding principles, operational functioning and impact of the institutions which have evolved across the four nations in the United Kingdom to deal with children and young people who come into conflict with the law. It takes as its principal empirical focus the shifting patterns of control that have emerged over the past twenty years—a period characterized by a persistent disjuncture between normative claims about youth justice, evolving policy discourse, and the impact of youth justice practices on the lives of young people. The chapter concludes by arguing that, unless there is better alignment between these dimensions, justice for children and young people cannot and will never be delivered.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46, Supreme Court. This case addressed the extent to which Acts of the Scottish Parliament (ASPs) were reviewable by the courts, the special status of ASPs, and regularized the rules on standing as between English and Scots law. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter examines the constitutional significance of the principle of the legislative supremacy of Parliament. The discussion covers the traditional view of the principle, which holds that Parliament is legally omnicompetent, as well as a competing view of legislative supremacy of Parliament, referred to as the ‘new’ view or the ‘manner and form’ argument. The chapter also considers the effect on legislation of the following: the doctrine of implied repeal; the meaning of entrenchment; the Parliament Acts 1911 and 1949; Union legislation; legislative supremacy and the EU; legislative supremacy and devolution; and legislative supremacy and the Human Rights Act 1998.

Chapter

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the constitution of the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. The questions deal with issues such as whether a written constitution would make a great improvement to the UK system of government; the purpose of constitutional conventions; Dicey’s theory of the rule of law; the meaning of ‘separation of powers’; and its role in the constitutional arrangements of the UK and devolution or federalism.

Chapter

This chapter aims to provide a rounded conception of what law is. It discusses the theoretical conceptualizations of law and the principles of the English legal system. It explains the distinction among different types of law including the distinction between criminal law and civil law, and the differences between public law and private law. The chapter also introduces several sources of law, including statute law, case law, and equity. This chapter provides the different meanings of the terms common law and civil law and clarifies that the English legal system refers to the legal system of England and Wales. The devolution of law-making powers is also discussed.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

Chapter

In the twenty-first century, two important pan-European forces to which English law has been subject are the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) 1998. This chapter discusses the following: the scope, outline, and enforcement of the ECHR to identify and protect fundamental human rights and freedoms and the balancing of these freedoms against the sovereignty of Parliament; its incorporation into the HRA 1998; incorporation under the devolution Acts; the consequences for legal method; and practical and conceptual issues raised by the HRA 1998 around legal research and argumentation. It closes by looking at the prospects of a ‘British Bill of Rights’.

Chapter

Northern Ireland has had a devolved legislature and government, off and on, since 1921. This chapter first examines the nature of the devolution arrangements in place between 1921 and 1972 and then explains what was done to keep Northern Ireland running during the periods of direct rule from Westminster and Whitehall between 1972 and 1999 and between 2002 and 2007. The third section looks at how devolution operated under the Belfast (Good Friday) Agreement from 1999 to 2002 and from 2007 to 2017. The chapter then considers the reasons for the failure since 2017 to get devolution re-established and concludes by canvassing what the future constitutional arrangements for Northern Ireland might be. Taken in the round, Northern Ireland’s experience of devolution during the past 98 years has been very troubled. Brexit, alas, seems unlikely to make it less so in the years ahead.