Devolution And The British Constitution

This book places the recent developments in devolution in their historical context, examining political and constitutional aspects of devolution in Britain from Gladstone in 1886 through to the latest developments in the year 2000.

Law making is a primary function of government, and how well the three devolved UK legislatures exercise this function will be a crucial test of the whole devolution project. This book provides the first systematic study and authoritative data to start that assessment. It represents the fruits of a four-year collaboration between top constitutional lawyers from Scotland, Wales and Northern Ireland and leading researchers in UCL's Constitution Unit. The book opens with detailed studies of law making in the period 1999–2004 in the Scottish Parliament and the Assemblies in Wales and Northern Ireland, and how they interact with Westminster. Later contributions look at aspects of legislative partnership in the light of the UK's strongly asymmetric devolutionary development, and also explain the unexpected impact of devolution on the courts. Individual chapters focus on various constitutional aspects of law making, examining the interplay of continuity and change in political, legal and administrative practice, and the competing pressures for convergence and divergence between the different parliaments and assemblies. This book is essential reading for academics and students in law and in politics, and for anyone interested in the constitutional and legal aspects of UK devolution, not least the practitioners and policymakers in London, Edinburgh, Cardiff and Belfast.

The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.

Devolution has transformed the British Polity in the last decade. Taking this profound change as its theme, Devolution and British Politics is an up-to date, comprehensive and effective review of the origins and development of the devolution process.Devolution in British Politics offers a de-centralised assessment of British politics and encourages critical thinking regarding contemporary political theory.

This book explains devolution today in terms of the evolution of past structures of government in the component parts of the United Kingdom. Available in paperback for the first time, it highlights the importance of the English dimension and the role that England’s territorial politics played in constitutional debates. Similarities and differences between how the components of the UK were governed are described. It argues that the UK should be understood now, even more than pre-devolution, as a state of distinct unions, each with its own deeply rooted past and trajectory. Using previously unpublished primary material, as well as a wealth of secondary work, the book offers a comprehensive account of the territorial constitution of the UK from the early twentieth century through to the operation of the new devolved system of government.

Devolution and Power in the United Kingdom is concerned with a paradox - why devolution has enabled different approaches to government and policy-making to develop in Scotland, Wales and Northern Ireland since 1999, while a close examination of the structure of devolution suggests that the UK government retains control over most key aspects of the UK.

Entry into the European Community in 1973 was a momentous event - with seismic consequences for the politics and constitution of Britain. Discussion of Brexit, equally momentous, has been confined almost wholly to looking at the economic consequences of Britain's withdrawal from Europe. But what will happen to the constitution? Beyond Brexit looks for the first time at the impact of Brexit on our constitution - on Parliament, on the courts, on individual rights and, above all, on the question of whether the United Kingdom can be held together. Vernon Bogdanor explores the ever-changing relationship between Britain and the European Union from the original concept of European unity after 1945 to 21st-century Euroscepticism and our exit from the European Union, and explains what the future holds for our system of government and our constitution.

This work asks whether England needs to find its own political voice, following devolution to Scotland and Wales. It explains the different formulations of the 'English question', and sets the answers in a historical and constitutional context.