Scottish Devolution Essay examples

The reforms of Devolution where power was transferred from Westminster to different elected bodies around the country. This makes the UK more democratic as power is no longer centralised and areas such as parts of Scotland, Wales and Ireland will not be neglected. However England itself does not have its own assembly and the fact that we cannot vote on certain things in areas of the UK, but everyone can vote in policies in England could be seen to be undemocratic. Overall this reform however has made the UK more democratic as it means areas will not be forgotten about and countries and areas within the UK can get specific things that that area may want or need more then others.

The AMS and FPTP are voting systems in use for the Scottish Parliament and House of Commons elections respectively. It can be argued that AMS gives voters more choice and better representation than FPTP, and in order to assess the validity of this argument 3 key indicators must be analysed: constituency links; proportionality and representation of smaller parties.

The Thatcher Era negatively influenced the socioeconomic conditions of Scotland for eleven years, during which time Trainspotting is set, which illuminates the impact of Thatcherism on the morale and pride of the Scottish people. During her tenure as Prime Minister, from 1979 to 1990, Margret Thatcher hoped to restore a sense of British pride following the Winter of Discontent, but in doing so, she implemented taxes and limited the creations and power of labor unions. These changes were not received well and profoundly influenced the conditions of the Scottish social system and diminished both their British and national pride (Stewart 13). Although Thatcherism was intended

“Some lawyers have been attracted to the argument that the union legislation placed constraints on the power of the UK Parliament to legislate, and that the UK Parliament might be unable to alter at least its most important terms. While there are powerful arguments against this view, - it continues to have its supporters. It famously received some judicial support from Lord Cooper in MacCormick v Lord Advocate, and has been referred to in several subsequent cases. However, there has been no case in which a Scottish court has questioned the validity of an Act of Parliament on these grounds. Indeed, whether an Act of the UK Parliament is compatible with the union legislation was treated as, in principle, a non-justiciable issue in MacCormick. However, supporters of the argument have taken comfort from the fact that in MacCormick, Gibson and Pringle Scottish judges reserved their opinion on what would be the case if legislation purported to amend 'fundamental provisions', for example, by abolishing the Church of Scotland or the Court of Session, or by replacing the Scottish system of private law with English

However this could be because there is a crèche in the Scottish parliament and the parliament closes at 5 while the UK parliament doesn’t have a crèche and closes when business is done meaning less women would want to be MPS and if Scottish would prefer to be MSPs.

In this essay I will assess the outcomes of Additional Member system, First Past the Post system and the Closed Party List system. The F-P-T-P system is used to elect the members of House of Commons and local government in England and Wales. Voters select candidates, and do so by marking his or her name with an ‘X’ on the ballot paper. This reflects the principle of ‘one person, one vote’. The Additional Members system is used in Scottish parliament, Welsh assembly, and Northern Ireland Assembly and Greater London assembly. It is a mixed system made up of F-P-T-P and party-list elements. The Regional party list (or the closed party list) is used to elect the

revolutionary attitudes in Britain due to the extremity of the events occurring in the nations

Currently Scotland has its own parliament in Edinburgh which can deal with chosen devolved issues from Westminster. Originating mainly from the YES YES campaign in 1999 headed by the Labour Government. This means that Scotland has control over

Although complete sovereignty wasn’t lost over Scotland, the NO vote did cause parliament to devolve some power it held. This is not the first time sovereignty has been lost through Scottish referendums. In 1998 the Scottish parliament was re-established: The Scotland Act established what matters were to be devolved and what matters were to be reserved by Parliament. Devolved matters included health and social care (for example free nursing care for the elderly) and education (for example tuition fees). Reserved matters included defence, foreign policy and the constitution (the UK still controls Scottish independence, as it has the power to over-rule the referendums) Theoretically, Westminster could repeal the Scottish acts. This imbalance of power can cause some policy divergence, for example Scotland passed a law banning smoking in public places before the UK.

The centrepiece of Labour 's programme of constitutional reform was undoubtedly devolution. This was achieved with remarkably few problems. There now seems no likelihood that the new arrangements could be reversed, even by a Conservative administration. The election on 6 May 1999 of a Parliament in Scotland, with extensive powers of primary legislation as well as tax-raising, and an Assembly in Wales, with powers of secondary legislation only, will have a profound impact on governance within the UK. In

Before devolution in Wales, parliamentary debates were unreliable and cancelled for little to no reason. Welsh MP’s worked within an outdated system that prohibited their ability to make changes. The people want to keep a devolved government even if they secede from the EU. This form of government is closer to the people and allows them to interact, or have more of a say in the decisions being made, therefore it is highly significant to a majority of the citizens.

The process of establishing devolution for Scotland began with the Scotland Act 1978, which made way for a referendum on devolution and attempted to gain more power and legislature abilities for Scotland. The rise of the SNP forced the Labour Government of James Callaghan to react. The terms of this Act stated 40% of the entire electorate had to vote “yes” for devolution and the establishment of a Scottish Assembly, this included those who did not vote which were counted as a “no” vote. The 1979 Referendum, on 1st March, saw a majority of 52% in favour of devolution, to 48% against. At first glance it appears Scotland was successful in its referendum, however only 32.9% of the electorate had joined the majority, meaning the 40% required to achieve devolution was not met. With this failure to achieve devolution, the SNP backed a Tory motion of no confidence in the Labour government which saw the 1979 election being called by just one vote. The 1979 election saw the rise of

One advantage of using referendums in the UK is that they enable the public that are over 18 to approve or disprove important constitutional changes. An example of a one being used for this purpose is the 1998 referendum which was used to determine whether Blair and the Labour Party should devolve power to Scotland, Wales, and Northern Ireland. Devolution in Scotland and Wales was introduced in 1998 as the majority of the public voted ‘yes’ in

“Parliamentary sovereignty is no longer, if it ever was, absolute” (Lord Hope). Discuss with reference to at least three challenges to the doctrine of parliamentary sovereignty. Parliamentary sovereignty is the concept that Parliament has the power to repeal, amend or create any law it wishes and therefore no body in the UK can challenge its legal validity. There are many people who would argue that this is a key principle to the UK Constitution, on the other hand, there are those who strongly believe that this idea is one of the past, and that the idea of the UK Parliament being sovereign is false. One of these people is Lord Hope, who said “Parliamentary sovereignty is no longer, if it ever was, absolute”. During the last 50 years there have been a variety of developments that have proved to be a challenge for the legitimacy of parliamentary sovereignty, and the ones which will be examined in this essay are: the devolution of powers to the Scottish Parliament; The United Kingdom’s entry into the European Union in 1973; and finally the power of judicial review. Starting with the devolution of powers, these challenges will all be evaluated when discussing whether or not the doctrine of parliamentary sovereignty applies to the United Kingdom. Westminster’s sovereignty has been gradually diminishing over time as varying amounts of power have been devolved to Northern Ireland, Wales and Scotland. In this essay, the devolution of powers to the Scottish Parliament will be

The Act of Union of 1707 brought together the two independent nations of Scotland and England to create a new United Kingdom. This new Kingdom in the opinion of the English ensured political and military stability on the Island of Great Britain, neutralizing the Scottish MP’s by absorbing them into the Westminster system.