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UK UPDATE

Sovereignty and devolution

Quasi-federalism?

Devolution establishes new constitutional relationships between the different parts of the UK, relationships not wholly dissimilar from those familiar in federal states, such as the USA and Germany, but wholly new in Britain, with the very limited exception of the 1921–72 Northern Ireland experience of devolution.

Northern Ireland secretary of state, Mo Mowlam — her work in Ireland concluded with the peace talks that led to the Good Friday Agreement, 9 April 1998.
TopFoto

Devolution is not, of course, the same as federalism Federalism involves dividing the powers of government between a central government and various states or provinces, between a federal government in Washington or Berlin and state governments in, for example, California or Bavaria. In a federal state, the legislature, Congress in the United States and the Bundestag in Germany, is not sovereign but subordinate to the constitution. The constitution is sovereign, and in most federal states, the courts can declare void federal legislation that is contrary to the constitution.

Devolution, by contrast, preserves, in principle, the sovereignty of Parliament. The Westminster Parliament can, in theory, continue to legislate for Scotland, Wales or Northern Ireland even on devolved matters; and it can, if it wishes, simply abolish the devolved bodies by a simple Act of Parliament, as it did with the Northern Ireland Parliament in 1972.

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