This chapter discusses the structure of the UK and devolution. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to its creation, that is, the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, in particular the Memorandum of Understanding, and the devolution provisions in the European Union (Withdrawal) Act 2018 which facilitated Brexit.
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7. The structure of the United Kingdom and devolution
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9. Devolution and Local Government
This chapter considers how devolution and local government operate in the UK. Devolution happens when some legislative and executive powers are passed to legislatures and governments in Scotland, Wales, and Northern Ireland, making devolution a fundamental part of the UK’s system of government. The chapter discusses the systems of devolution in Scotland, Wales, and Northern Ireland before explaining why there is no equivalent in England. It elaborates on the structure, power, and operation of local governments, which are primarily responsible for the day-to-day operation of most public services within their area.
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12. The Governance of Scotland and Wales
This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.
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6. Multilevel Governing Within the United Kingdom
This chapter examines multilevel governing within the UK. It is organized around three levels of governing: national, regional, and local. For most of the twentieth century, mainland Great Britain (England, Wales, and Scotland) formed a centralized political unit, with policy-making and law-making being led by the UK government and the UK Parliament. There was devolved government in Northern Ireland from 1922, but this was ended by the UK government in 1972 amid mounting civil unrest and paramilitary violence. At the local level, there are 382 principal councils (unitary, upper, and second tier) throughout the United Kingdom. These vary considerably in size, both in terms of their territorial area that they cover and their populations. This chapter discusses how the introduction of devolved government in 1998 has altered the governance arrangements in Scotland, Wales, and Northern Ireland. It also examines how devolution affects the territorial constitution, (see Section 6.4), intergovernmental relations with Westminster (see Section 6.5), and the governance of England (see Section 6.6).
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8. Devolution
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.
