Devolution & Islands
In 1603, King James VI of Scotland succeeded to the English Crown and became James I. Both countries retained their own constitutions and parliaments, remaining separate for over a hundred years.
Scotland was ruled from London, with much of the governmental work being undertaken by the Scottish Privy Council on the King’s order. The Scottish parliament seldom met and was terminated by royal nominees.
Religious tensions existed between Presbyterian elements and the government. Scots asserted religious and constitutional freedoms against William and Mary over the Claim of Right, which included a claim for the powers of a king who violated the trust in which his powers were held.
The Act of Union in 1707 protected the separate Scottish legal system in private law and court structure, providing safeguards for the Presbyterian Church.
The Scotland Act of 1998 provided for devolution and the creation of the Scottish Parliament, which is discussed separately. Wales was conquered by England in the 13th century and became subject to English laws. A union was created by an Act in 1536, extending all Acts of Parliament to Wales.
Scotland after the union, the Secretary of State in Scotland represented Scotland. An office of the Secretary for Scotland was established in 1885, and it later became a cabinet post in 1892.
Many functions were devolved to Scotland, including agriculture, fisheries, local government, prisons, health, and education, each operating under the supervision of the Scottish Secretary of State. In 1952, following a Royal Commission, further responsibilities were transferred to the Scottish Secretary of State, including powers related to the appointment of justices of the peace, highways, electricity, and animal health. Additional powers related to transport and environmental matters were also transferred.
A Scottish Office was established in 1945 with five departments: Agriculture and Fisheries Development, Education, Home, and Health. It was based in Edinburgh, headed by the Scottish Secretary of State, ministers of State, and undersecretaries.
Criminal Law in Scotland is administered by the Lord Advocate, who is usually a member of the House of Commons or Lords. A Royal Commission on the Constitution in 1969 to 1973 recommended devolution of law-making powers to Scotland.
Legislation was proposed, requiring a majority of votes with a minimum of 40 percent of the electorate. Fifty-two percent voted in favor, 30 percent against, with 37 percent abstaining. The Scotland Act of 1978 provided for devolution but did not proceed and was eventually repealed.
During the period of Conservative rule from 1979 to 1997, the anomaly arose that the Conservative government had a very small number of seats in Scotland.
During the period of Conservative Rule from 1979 to 1997, an anomaly arose as the Conservative government held a very small number of seats in Scotland. The Scottish Nationalist Party began to win seats in Parliament, highlighting a democratic deficit and leading to demands for greater devolution.
The Wales Act of 1978 allowed for significant devolution. The legislation required a majority vote comprising at least 40 percent of the electorate. Only 11 percent voted in favor of the act, and it was never brought into force.
Ultimately, a Welsh Assembly was created by the Government of Wales Act of 1998, which is discussed separately. The Channel Islands and the Isle of Man are not part of the United Kingdom, but each has its own parliament and government systems linked to the Crown. The United Kingdom has responsibilities under International Law for their international relations and defense, and some statutes of Parliament may extend to Her Majesty’s dominions.
In Wales, administration was centralized in various areas, including education, agriculture, and national insurance during the early part of the 20th century. An office for Welsh affairs was established in 1951. In 1964, the Secretary of State for Wales was appointed with responsibility for overseeing national policy.
As mentioned earlier, the Royal Commission for the Constitution recommended greater devolution to Wales. A legislature was proposed for devolution in certain areas, comprising a 100-member Senate based on proportional representation. However, as mentioned above, the referendum for this proposal was not passed.
Following a series of failed constitutional initiatives, the so-called Belfast Agreement of April 10th, 1998, between the British and Irish governments established modern Northern Ireland evolution. The Northern Ireland Assembly, consisting of 108 members elected by proportional representation, was created.
The assembly elected an executive of 12 members. A North-South ministerial council was established to coordinate relations between the Republic of Ireland and Northern Ireland. Additionally, there was a Council of the Isles with membership drawn from the parliaments of London, Dublin, Edinburgh, Wales, and Ireland.
Jersey and Guernsey did not accept the power of the United Kingdom Parliament to legislate for them without the consent of their local Parliament.
The Channel Islands consist of Jersey, Guernsey, Alderney, and Sark. They remained under the English Crown after their anomaly was lost in the 13th century. There were two Bailiwicks: the Bailiwick of Jersey and the Bailiwick of Guernsey, which incorporates Alderney and Sark.
Each Bailiwick has its own legislature, courts, and legal systems. Alderney and Sark have a measure of independence and have their own law-making assemblies.
In Jersey, there are 52 elected members and five non-elected members, with a lieutenant governor representing the Crown. A similar structure exists in Guernsey.
The Isle of Man has been linked with the English Crown since the early 15th century until the mid-18th century, as it was ruled by the kings or Lords of Man. The Westminster Parliament assumed control over the Island’s interests in 1765 and 1852.
The Isle of Man Act of 1852 granted Westminster control over the Island. The Island has its own government, parliament, courts, and system of laws.
The Lord Governor of the Isle of Man represents the Crown. The parliament, known as the Court of Tynwald, has legislative and executive functions. The House of Keys, the Lower Court, consists of 24 members elected for five-year terms. The legislative council is made up of a senior Bishop, the Attorney General, a judge, and seven members elected by the House of Keys.
Islands have a special status under European Union Law. They are not strictly part of the EU but are accorded certain EU freedoms.