Constitutional and Human Rights of The UK Free Essay Example, 2500 words

The main impetus behind devolution was to remove central power from parliament and spread this power regionally. Although devolution has occurred within the UK since 1997 the doctrine of parliamentary sovereignty could theoretically result in a successive parliament reversing the devolution process and the transferring of power back to a centralized government. Devolution was first introduced in Scotland, Wales and Northern Ireland in 1998 with the introduction of the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998 setting out the legislative framework of devolution. A Memorandum of Understanding was also issued between the government and the devolved institutions. Devolution has not occurred in a uniform manner, with Scotland, Wales and Northern Ireland each having different levels of devolved responsibilities. Notable differences can be seen in the way in which Scotland has a parliament and an executive similar to the Westminster model. This p arliament has the power to pass Acts, whilst the Scottish Executive is able to make secondary legislation in certain areas. By contrast, in Wales, devolved powers have been delegated to the National Assembly for Wales. We will write a custom essay sample on Constitutional and Human Rights of The UK or any topic specifically for you Only $17.96 $11.86/pageorder now Primary legislation is still governed by the UK parliament in Wales, however, the Assembly has the power to make secondary or delegated legislation within its own area. Devolution in Northern Ireland tends to center on the peacemaking process. Although devolution is aimed at the transferring of power to regional assemblies, the powers given to these assemblies has been defined by parliament. Parliament has limited the powers of the assemblies so that assemblies cannot raise taxes, control the armed forces or be allowed to have an input into foreign policy decisions. It has been argued that the retention of the control over the finances of the UK makes a mockery of the principles of devolution since financial control gives parliament a larger amount of power over the regional assemblies.