Chapter 6 Key debates

The executive: central, devolved, and local government

Topic

‘The Multifaceted Constitutional Dynamics of UK Devolution’

Author/Academic

P Leyland

Viewpoint

Assesses the unanticipated constitutional impact of devolution in Scotland, Wales, and Northern Ireland, including some of the controversies it has raised in each of the four UK jurisdictions. It compares devolution to federalism.

Source

(2011) 9(1) International Journal of Constitutional Law 251–273

Topic

‘Pulling a Trigger or Starting a Journey? Brexit in the Supreme Court’

Author/Academic

David Feldman

Viewpoint

This article comments on R (on the application of Miller) v Secretary of State for Exiting the European Union (2017) on whether: the government could rely on its prerogative power to notify the EU of the UK’s decision to trigger Art 50 Treaty on European Union; and consent to give notice was required from the devolved Governments of Northern Ireland, Scotland, and Wales.

Source

(2017) 76 Cambridge Law Journal 217–223

Topic

‘Taking Local Government Seriously: Democracy, Autonomy and the Constitution’

Author/Academic

S Bailey and M Elliott

Viewpoint

Assesses the effectiveness of attempts by central government to strengthen local democracy. It discusses the role and degree of autonomy of local government, including its relationship with central government, and key conditions influencing the quality of local democracy, in particular the organization and internal structure of local government and the related electoral process. Outlines reasons for the lack of success of central government attempts to strengthen local government and local democracy. It also considers relevant legislative changes and proposals for reform.

Source

(2006) 59(3) Parliamentary Affairs 420–436

Topic

Miller: Legal and Political Fault Lines’

Author/Academic

Paul Daly

Viewpoint

Reflects on the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union, and suggests that it can be understood with reference to the fault lines between: (1) form and substance regarding devolution and the relationship between UK and EU law; (2) the old and new constitutions; and (3) legal and political accountability. Examines the legislative response to the judgment.

Source

[2017] (Nov) Public Law Supp, Brexit Special Extra Issue 73–93

Topic

‘The Reconstruction of Constitutional Accountability’

Author/Academic

Diana Woodhouse

Viewpoint

Considers the definition of constitutional accountability which requires ministers to be accountable for the actions of themselves and their departments and suggested reformulation of theory which concentrates on role rather than causal responsibility.

Source

[2002] Public Law 73–90

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