Devolution is not a "constitutional settlement" but a dynamic (and potentially destabilising) process. Explain and discuss this contention.

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Jane Hind                Governing the UK – GO204                                

Devolution is not a “constitutional settlement” but a dynamic (and potentially destabilising) process.  Explain and discuss this contention.

Britain has traditionally been regarded as a unitary state.  Yet since the late 1960’s, developments have combined to move the nation at least some way down a path which some believe may lead to federalism.  These developments have included devolution.  The actual definition of devolution is “the delegation of specific powers by a higher level of government to a lower one.  Unlike a federal system where the powers of the lower level are constitutionally guaranteed, devolved powers can always be taken back by the higher authority.”1  One is the desire of nationalist parties in Northern Ireland, Scotland and Wales to secure at least some form of independence from the British state which they feel is dominated by England.  Following the 1997 election, Scotland has been given, not independence, but devolution which means that it has its own parliament and its own executive.  Scotland is still part of Great Britain but its parliament and executive have been given significant powers in areas such as health, education and housing.

These major changes are fairly recent and also, quite controversial.  This issue has also divided the UK’s political parties, with the conservatives opposing it, while the SNP (Scottish National Party) and Plaid Cymru, the Welsh Nationalist Party, feeling this form of devolution simply isn’t enough.  Devolution however, has been a common arrangement in the UK, regarding the Isle of Man and the Channel Islands.

  There are two major differences between devolution and the federal system.  One is the state can renege any devolved powers back when they choose to.  The other is that the powers given can vary hugely from unit to unit.  For instance, the Scottish Parliament has many more powers than the Welsh Assembly.

          Not surprisingly, the first state to actively seek devolution was Northern Ireland.  The UK, primarily England, has a long and arduous past history with Northern Ireland, and as early as 1922, there were laws put into place to ensure Northern Irish governments had some from of self governance.  This continued for many decades, although with blips along the way.  Northern Ireland currently has the most ‘independent’ government and out of the three states, holds the most control over its own affairs.  “Devolution for Northern Ireland, as developed in the 1998 Good Friday agreement, was a pragmatic decision, imposed of necessity on a bitterly divided community that had already had decades of experience of devolved government.  It therefore represents a special case outside the normal arguments for and against devolution.”2

Scotland didn’t have its own official Parliament until 1999, after Labour’s landslide election victory in 1997.  Although Scotland covers a third of the UK, it has a population of just over 5 million, the cultural differences are significant, with some parts even speaking the old language of Gaelic.  Many feel that the Scottish has a stronger cultural affinity with Northern Ireland than with England.  Even centuries ago, when forming the union of the United Kingdom, the Scots kept some distinguishing laws separate.  They demanded their own courts of law and also to keep control over their churches, disregarding the Church of England.  One final significant difference is the emergence of Edinburgh as a competitor to London.  With their own separate body of Scots’ law, the supreme courts in Edinburgh “offer a high-level career outside London.”3 With Edinburgh as the country’s capital, government is less centralised and more accessible to the whole nation, even those in the far Highlands.  It also ensured the mass media was representative of the country.  Unlike England, where all media output stems from the Capital, Scotland has a high circulation regional newspapers and programming.

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The subject of nationalism has been ever present in Scotland, although they had to wait until 1999 to gain any control over their home affairs.  Once finalised, the Scottish Parliament had 129 members, a Chief Minister who selects the Cabinet, tax raising powers, the right to make laws and the jurisdiction over health, education, local government, criminal law, economic development, transport, environment, agriculture, sports and the arts.  The vote was a unanimous one, in which 74.3% of the electorate backed the Scottish Parliament, with 63.5% in favour of having tax raising powers.  

The election campaign was backed by the ...

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