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The British Constitution
The British Constitution
has changed from a unitary framework to one that has been termed ‘quasi- federal’. This means that it combines elements of both a unitary state and a federal state. The UK remains unitary since ultimate sovereignty still lies with Westminster — in theory, the UK parliament could repeal all the devolution Acts and abolish the regional assemblies. However, the UK does have characteristics of a federal state, since policy in many key domestic areas is now decided in the devolved bodies outside of Westminster, unless it concerns England.
Case study The Gender Recognition Bill and Devolution
Also, it would be very difficult and unlikely for the parliamentary Acts enabling devolution to be repealed. Parliamentary sovereignty, of the Westminster variety at least, has been significantly reduced outside England. The Scotland Act 2016 established that Westminster cannot legislate in devolved matters without consent, therefore effectively acknowledging that the devolved institutions are permanent not temporary political fixtures.
Voting Systems
Voting Systems
Different Voting Systems used in the UK
Devolution has brought in alternative voting systems besides FPTP. This has usually resulted in minority or coalition governments. This has led to more stalemates, and it encourages greater cross-party cooperation. Multiparty governance is now the norm, not the exception in the regions.
Pressure Groups
Pressure Groups
Are pressure groups becoming more significant?
Devolution changes how pressure groups work. They focus their efforts where decisions are made. For instance, the Scottish Parliament banned smacking children. A consultation paper went to many groups. These included charities, equality bodies, and legal experts. Medical and care groups also received it. Most groups replied with their thoughts. Children's charities like Children 1st lobbied hard. They pushed for the new law. Pressure groups now target devolved governments. They lobby these bodies more than Westminster.
Brexit and Devolution
Brexit and Devolution
The devolution arrangements of the late 1990s were designed to function within membership of the EU When Parliament created devolution for Scotland, Wales, and Northern Ireland in 1998, it carefully stated its own legislative supremacy. Parliament made it clear that these new bodies were not as powerful as Westminster. Devolution depended on Parliament. Parliament could theoretically abolish them.
Devolution was seen as not affecting Parliament's supremacy. However, political realities changed. The 2014 Scottish independence referendum was a shock. Nearly half of Scots voted for independence. This result was surprisingly close.
After the referendum, Parliament passed the Scotland Act 2016. This act declared the Scottish Parliament a permanent part of the UK. It stated this parliament could not be removed without a Scottish referendum. It also recognised the Sewel convention that Westminster would usually not legislate for Scotland without consent. This applied to devolved matters. These were two key changes.
The implications of the Scottish Parliament's permanence have not been tested since Westminster has not tried to abolish it. The second provision, which concerns Parliament not legislating for devolved matters without Scottish consent, has been tested since it arose in the first Miller case. The UK government announced its intention to leave the EU. The Scottish government argued its consent was needed. They believed a bill to leave the EU required Scottish Parliament approval. The Supreme Court ruled this was a political, not legal, commitment. There was no legal duty for the UK government to seek consent. UK Parliament's supremacy remained. Devolution did not restrict its power.
However, there is another perspective. Consider Parliament's legal power within political reality. Initially, powers returning from the EU were to go to Westminster. These powers would then be given to devolved nations. Devolved governments objected. They wanted these powers to go directly to their administrations. The government agreed to this, and the bill was amended to reflect the change.
Brexit has significantly impacted the devolution of powers within the UK. The UK government has taken powers in devolved areas, sometimes without the agreement of the Scottish Government or Parliament, as seen with the Professional Qualifications Act 2021 and the UK Internal Market Act 2020.
These actions have led to disputes over the extent of devolved powers, with some arguing that Westminster is undermining the authority of devolved legislatures.
The UK Internal Market Act introduced new rules based on mutual recognition and non-discrimination in goods and services. These were applied to a variety of policy areas right across the UK, and effectively cut across the devolved administrations’ regulatory autonomy. This could be seen as a reversal of devolution.
The UK's departure from the EU necessitates redefining relationships between the UK's governments, particularly in areas previously governed by EU law, such as health, education, and environmental standards.
Laboratories of policy: Devolution has led to policy variation, which inevitably means inequality, across the UK. It has considerably reduced the control Westminster has on domestic policy beyond England. University tuition fees, hospital car parking, parental use of corporal punishment (banned in Scotland in October 2019) or income tax rates, there are now considerable differences across the UK. A significant example of variations within the four constituent parts of the UK can be seen in how the four parts of the UK handled lockdown during the COVID-19 crisis
Local policies are made closer to those affected by them. One of the aims of devolution was to allow non-Westminster local governments to pursue popular and relevant policies. In particular, local metro mayors can shape legislation. Policies and priorities to better support and develop their communities.
The Mayor of London's budget for 2024 to 2025 included extending the Mayor's Universal free School Meals programme for all state primary school children for a further academic year until at least July 2025.
In 2024, Greater Manchester Mayor Andy Burnham sought a third term of office with key pledges on improving housing and healthcare in the city. One of the most significant recent developments has been the devolution deals to empower England's metro mayors, who chair combined authorities made up of constituent local authorities, from six in 2007 to 12.
Regional legislation supports national distinctiveness. In the 25 years between 2000 and when the Scottish Parliament began passing legislation, numerous acts have been passed, averaging 15 acts a year and peaking at 22 in 2016. Around 350 unique pieces of legislation have developed the region in distinctive ways and had a substantial impact on many aspects of life.
For example. The Agriculture and Rural Communities Act Scotland 2024, which focuses on support for Scottish agricultural practices and protects animal welfare in Scotland. The Visitor Levy Scotland Act 2024, which gave councils power to introduce a visitor levy, sometimes known as a tourism tax, to generate funds to invest in local facilities and services.
The National Assembly for Wales has been able to pass primary legislation since 2008, averaging 5 per year. Recently, the Environmental Air Quality and Soundscapes Wales Act 2024, which made provisions for improving air quality.
The Infrastructure Wales Act 2024, which reformed the law governing the development of significant infrastructure in Wales and the Welsh marine area.
Devolution has preserved the Union. Critics of devolution suggested that it would lead to the break up the United Kingdom. However, the Union has remained intact and functioning efficiently. The balance between unity and autonomy has strengthened the Union by addressing demands for self-governance, promoting cooperation. and mitigating Nationalist pressures.
Minor Parties - Problems facing the SNP
Referendums and how they are used, The Scottish independence referendum
As a result, devolution has proved vital in maintaining the cohesion of the United Kingdom. Examples of this include the COVID-19 pandemic risk, where the nations of the UK adopted a broadly coordinated approach to managing the health crisis.
Cross-border trade and Economic Cooperation has been maintained. Northern Ireland Protocol. Settling some of the disputes which resulted from Brexit. All the nations of the UK have cooperated in their support for refugees from Ukraine and Afghanistan. And in 2021, the COP 26 climate summit held in Glasgow brought together representatives from across the UK to present a unified stance on global climate action.
Devolution meant that alternative voting systems besides FPTP are now used in the UK. This has usually resulted in minority or coalition governments. This means more stalemate as well as greater cross-party cooperation. What cannot be disputed is the impact it has had on the balance of power in the devolved assemblies — multiparty governance is now the norm not the exception in the regions.
Devolution has had consequences for how and where pressure groups operate, for example when the Scottish Parliament debated and subsequently passed the law banning the smacking of children north of the border. The consultation document was sent out to 12 charities, seven equality organisations, 12 police, legal and human rights bodies, and 20 medical and care profession organisations. Most of these responded and contributed their views. Children’s charities such as Children 1st (previously known as the Royal Scottish Society for the Prevention of Cruelty to Children) were particularly involved in lobbying for the passing of the law. Pressure groups will focus their energies on where policy is made, and so they increasingly lobby the devolved bodies and not just Westminster.
Are pressure groups becoming more significant?
Devolution has has not been a success
Devolution has has not been a success
Devolution has created economic inequality. One of its key failures has been the persistent economic inequalities between UK's constituent nations. Despite having devolved powers over areas like economic development, taxation and infrastructure, the economic growth in Scotland, Wales and Northern Ireland lags behind that of England. For example, in 2024, reports showed that Scotland's economic performance had weakened, with high unemployment rates in certain areas and slower recovery from the pandemic. The lack of consistent investment and varying economic strategies between the devolved administrations has meant that opportunities are unevenly distributed, failing to narrow the regional economic divide. Devolution was designed to address such imbalances, yet it is only deepened regional inequalities.
Devolution has been characterised by political instability and lack of consensus. Another significant issue is the frequent political instability that has arisen due to differing priorities among the devolved governments. In recent years, particularly in 2024, this has been seen with tensions between Westminster and the devolved administrations, for example. In Northern Ireland, the power sharing agreement between the Democratic Unionist Party and Sinn Féin has repeatedly broken down. The Welsh Government faced ongoing challenges in areas such as healthcare funding and infrastructure investment, which were compounded by disputes with the UK Government over the budget allocations and decision making powers. For example, disagreements between the Welsh First Minister and the UK government regarding the allocation of financial resources this led to delays in key projects and strained relations. These recurring conflicts highlight the inability of devolution to deliver coherent, stable policy outcomes, as power struggles and competing interests hinder effective cooperation between Wales and the rest of the UK, leading to political deadlock.
For example, in 2024, tensions between Wales and the UK government came to the forefront with the resignation of Vaughan Gething. The Labour leader of Wales. Getting's brief tenure as first minister was marred by internal party conflict, accusations of misconduct and his handling of donations from a controversial source, which led to a vote of no confidence.
Another example is the Welsh Government's push to implement a 20 mile per hour speed limit, which sparked debates over devolved powers, with critics in Westminster arguing it was an example of overreach. These disagreements underline the broader issues of balancing local autonomy with the wider interests of the UK, which creates frequent clashes between Wales and the rest of the UK.
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