Chapter 8 End-of-chapter questions

Which of the following statements on executive power in each of the devolved nations is correct? Select one answer only.

The Scottish Government and the Northern Ireland Executive and are appointed in broadly the same way, while the Welsh Government is appointed very differently. Each of the devolved institutions now has general legislative competence, being able to pass laws in any area not specifically reserved to the central Westminster legislature.

The Northern Ireland Executive and Welsh Government are appointed in broadly the same way, while the Scottish Executive is appointed very differently. The Scottish Government and Northern Ireland Executive each have general legislative competence, being able to pass laws in any area not specifically reserved to the central Westminster legislature. The Welsh Government has far more limited legislative powers.

The Scottish Government and Welsh Government are appointed in broadly the same way, while the Northern Ireland Executive is appointed very differently. Each of the devolved institutions now has general legislative competence, being able to pass laws in any area not specifically reserved to the central Westminster legislature.

Each of the devolved government's is appointed very differently. Each of the devolved institutions hold very different legislative competences.

Why is it said that the UK Parliament could not unilaterally abolish or radically change the devolution settlement?

It would be politically impossible.

Primary legislation ensures the 'permanence' of the devolved institutions.

The Sewel convention has been interpreted so as to mean that Westminster cannot abolish the devolved institutions without the approval of the devolved institution itself, and this has been turned into an enforceable statutory obligation.

The devolution settlements are unamendable.

Overall, which of the institutions below holds the most power in the UK constitutional settlement?

Local government authorities

The Welsh Assembly

The Scottish Parliament

The Westminster Parliament

Whilst many aspects of the devolution process grant devolved institutions greater power and distance from Westminster, there remains an important role for the UK Supreme Court. Which answer below provides the single best account of the Court's role?

The Supreme Court does not rule on the merits of policy pursued by devolved institutions. However, it retains an inherent jurisdiction to rule on devolved matters. The role of the court is to evaluate devolved laws as if they were pieces of primary legislation; it cannot declare those laws to be invalid. Finally, the Supreme Court has recognised that the UK Parliament remains sovereign, and that, should it desire to do so, it can interfere with those matters it has reserved for the devolved institutions.

The Supreme Court does not rule on the merits of policy pursued by devolved institutions. However, the Court is the ultimate authority for ensuring that the devolution statutes are applied properly. Whilst the Court has recognised that the devolution statutes are special in many ways, it still applies 'ordinary' principles of statutory interpretation to them. The main role of the Court is to determine issues relating to the various grounds of competency belonging to devolved institutions. The devolved institutions must also comply with the rights under the Human Rights Act. If devolved institutions enact laws that take them beyond the scope of their legal competence, the Supreme Court can declare those laws invalid. Finally, the Supreme Court has recognised that the UK Parliament remains sovereign, and that, should it desire to do so, it can interfere with those matters that are, under devolution legislation, reserved for the devolved institutions.

The Supreme Court does not rule on the merits of policy pursued by devolved institutions. However, they are the ultimate authority for ensuring that the devolution statutes are applied properly. Whilst the court has recognised that the devolution statutes are special in many ways, it applies special principles of statutory interpretation to them in order to secure their status as 'constitutional' legislation. The main role of the Court is to determine issues relating to the various grounds of competency belonging to devolved institutions. The devolved institutions must also comply with the rights under the Human Rights Act. If devolved institutions act outside of their competency, the Supreme Court can issue a declaration of incompatibility, which sends a message to Parliament that the devolved institution has acted unlawfully. Finally, the Supreme Court has recognised that the UK Parliament remains sovereign, and that, should it desire to do so, it can interfere with those matters it has reserved for the devolved institutions.

The Supreme Court does not rule on the merits of policy pursued by devolved institutions. However, they are the ultimate authority for ensuring that the devolution statutes are applied properly. Whilst the court has recognised that the devolution statutes are special in many ways, it applies special principles of statutory interpretation to them in order to secure their status as 'constitutional' legislation. The main role of the Court is to determine issues relating to the various grounds of competency belonging to devolved institutions. However, as sovereign legislatures, the devolved institutions must also comply with the rights under the Human Rights Act. If devolved institutions act outside of their competency, the Supreme Court can issue a declaration of incompatibility, which sends a message to Parliament that the devolved institution has acted unlawfully. Finally, the Supreme Court has recognised that whilst the UK Parliament remains sovereign, it cannot interfere with those matters it has reserved for the devolved institutions; to do so would breach the rule of law and would not have legal effect.

There are many tensions and unresolved questions within the UK's multi-level constitutional structure. Which of the following statements relating to these clashes is true?

Although the principle of English Votes for English Laws has been put into practice, its use is not without controversy – for example, some believe that the procedure creates a discriminatory, tiered system of law, whereas others believe that the procedure does not go far enough (as the support of an overall majority of MPs is still required to pass legislation).

Although members of the Scottish National Party have been seeking to amend the Scotland Act so that the Scottish Parliament can change laws relating to income tax, Westminster has not been receptive to the issue and has not granted such a power.

Although granted significant powers through the Localism Act 2011, local authorities continue to be unimpressed with the fact that so much power is held in Westminster.

Although it wishes to do so, Westminster does not have the legal powers required to abolish the devolved institutions. It has failed to pass legislation to do so owing to resistance from Scottish, Welsh and Northern Irish MPs.

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