Chapter 10 Self-test questions

The process of devolving powers often involves the transfer of competence or _________ from a central governing administration to a regional or national body within its jurisdiction.

Please match the legal implications of a devolved and a federal system with the appropriate type of constitutional settlement.

Powers or functions are transferred to a regional or local level. However, in legal terms those powers or functions have only been lent to the region and may taken back by the central administration.

Powers or functions are ceded for all time (pending constitutional amendment) to a regional or local level. They are separate from the central administration's powers or functions and are protected from being taken or used by the central administration.

Question Which of the following Acts of Parliament devolved power to three of the UK's nations?

The Scotland Act 1998

The Wales Act 1998

The Government of Wales Act 1998

The Northern Ireland Act 1998

The process of Scottish devolution began in the late 1880s, but was not completed until the late 1990s.

True

False

Question Which of the following are conditions precedent to the validity of Acts of the Scottish Parliament?

The legislation must not have legal application beyond Scotland

The legislation must not fall with any of the reserved matters in Schedule 5 of the Scotland Act 1998

The legislation must not be incompatible with any of the ECHR rights or with EU law

The legalisation must not remove the Lord Advocate from his position as head of the systems of criminal prosecution and investigation of deaths in Scotland.

The Government of Wales Act 1998 was the subject of severe criticism, leading to subsequent reform through the Government of Wales Act 2006. What were the main criticisms levelled at the 1998 Act?

That the powers conferred were too broad, ambiguous and did not provide for accountable government.

That the powers conferred were limited, complex, and did not provide for accountable government.

That the powers conferred were insufficient, and the law-making process in Wales was insufficiently democratic.

That the National Assembly for Wales was provided with more extensive legislative powers than its counterparts in Scotland and Northern Ireland.

Please match the provisions with the appropriate Act.

The Act established the National Assembly for Wales, a directly elected body with executive powers.

The Act established that the Assembly can pass primary legislation, Assembly Measures, provided that it has the legislative competence to do so.

The Act includes provisions that devolve tax raising powers to the Welsh Assembly in the event of a successful referendum of the Welsh to agree their devolution.

Northern Ireland was granted legislative devolution for the first time, as a result of the Northern Ireland Act 1998 that established an Assembly with full legislative competence in most areas of domestic policy

True

False

Please match the different categories of legislative subjects provided as established the Northern Ireland Act 1998 with their appropriate definition.

"Transferred" subjects are all subjects that have not been otherwise "reserved" or "excepted". They have been transferred to the Northern Ireland Assembly who may enact primary legislation on these areas.

"Reserved" subjects are set out in Schedule 3 of the Act and may be transferred from the UK Parliament to the Northern Ireland Assembly by Order once there is cross-community consent for that transfer.

"Excepted" subjects are set out in Schedule 2 of the Act and remain with the UK Parliament unless an amendment is made to the Northern Ireland Act to that effect.

Which of the following options most closely reflects the UK constitutional position?

Legally Parliament's supremacy has been retained. It can choose to legislate on any issue devolved to Scotland, Wales or Northern Ireland. It can repeal the devolution Acts.

Legally Parliament's supremacy has been retained in relation to Northern Ireland and Wales, both of which have Assemblies. Parliament has given up its supremacy in relation to Scotland, now that there is a Scottish Parliament.

Legally Parliament's supremacy has been lost now that the devolved Assemblies and the devolved Parliament are up and running so successfully.

Parliamentary supremacy has now been limited because federalism requires that the different nations have protected powers, and that Westminster has protected powers in the reserved areas. It is a protection for both Westminster and the three nations.

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