Scottish devo - Mind map. PDF

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Summary

Mind map....

Description

"largest transfer of financial powers from westminster" tax raising powers drinking and driving

Scotland Act 2012

speed limits outside of competence Strike acts down refer dev issues to higher court lawfullness banning open display in shops

facts

reserved matter SCH 5?

Imperial Tobacco LTD v Lord Advocate

no

held

Role of courts Lord Smith of Kelvin

lawfulness reverse case law

cross party talks

incompatible ECHR? arbitrary exercise of legislative power not outside competence

Smith Commission

AXA General Insurance v Lord Advocate

3 WM parties agree turn recommendations into law Scottish par & govt permanent inst

Held

sewel conventions stat footing intention give powers not independence Scottish Office

Sec of state retained to work with Scottish Par Proportional rep

Special admin regime for Scotland

different electoral system

Basic Principles

legal system

executive devo

Pre-devo

controlled by party rejected

legitimacy problem

education NHS

Scottish Sec of State (Edin)

Scottish devo

Legislate on

growing dissatisfaction

Scottish admins accountable to WM

accountability problem

local govt Lord Kilbrandon restrictions

central govt overloaded and remote

primary law making powers

Kilbrandon Report 1973

const issues

disagreement how to proceed

defence S 30 (2) Scotland Act 1998

Scotland Act 1978

s 29 (2)(a)

s 29 (2)(e)

Scotland Act 1998

incompatible EU law incompatible ECHR SCH 4

specific Acts

Off limits

cannot remove Lord Advocate

not affect power of UK par make law for Scotland Section 28 (7)

brought forward Scotland Act 1998 74.3% approval 60.4% turnout 63.5% agree power vary taxes

disagreement on welsh devo

Reserved Powers (SCH 5)

list can be amended through Order in Council s 29 (2) (a)

no confidence agree devo

foreign policy employment

Commissioners Found

Blair Government Creation of Scottish parliament

labour govt plan devolve legislative power to Scotland 33% Only if approved by 40% turn out...