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Constitutions and Legislatures Compared

Devolution and Federalism Compared

  • 2 things to know
  • Paper 2

Overview

Recall questions on the genuine similarities between the systems, the distinction between devolution and federalism, and why one is asymmetric.

What you need to know

Answer each one before you reveal it.

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Process

How does each system settle disputes over the boundary between central and regional power?

Key term

A regional government wants to set its own income tax rates. What constrains it in each country?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Distinguish devolution from federalism.

    Model answer

    Devolution is the delegation of powers by a sovereign Parliament to subordinate bodies, while federalism divides sovereignty between national and state governments; devolved powers are granted, whereas state powers are constitutionally guaranteed.

  2. 2

    Which part of the US constitution protects state powers, and what is the UK equivalent?

    Model answer

    The Tenth Amendment reserves to the states all powers not given to the federal government, while UK devolved bodies have no such constitutional guarantee and depend entirely on statute.

  3. 3

    Why is UK devolution described as asymmetric and US federalism as symmetric?

    Model answer

    Scotland, Wales and Northern Ireland hold different powers and England has no devolved legislature at all, whereas every US state has identical constitutional status.

  4. 4

    Could Westminster abolish the Scottish Parliament, and could Congress abolish a state?

    Model answer

    In strict law Westminster could legislate to abolish it, although statute now declares the devolved institutions permanent unless a referendum decides otherwise, while Congress could not abolish a state because its existence is protected by the constitution.

  5. 5

    How does each system settle disputes over the boundary between central and regional power?

    Model answer

    Both rely on their supreme courts, with the US court deciding federal and state disputes under the constitution and the UK court deciding whether devolved legislation falls within the powers Westminster granted.

  6. 6

    How does the funding of the UK's devolved bodies differ from that of the US states?

    Model answer

    US states raise substantial taxes of their own alongside federal grants, while devolved bodies are funded mainly by a block grant from Westminster calculated by the Barnett formula, with more limited tax-raising powers.

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The Nature and Sources of the British Constitution
The Structure and Role of Parliament
The Prime Minister and Cabinet
The UK Judiciary

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The Code.
MinisterialCabinetParliamentary

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AA US court can strike down a hostile law using the constitution.
BA UK court cannot.
CChange must come from persuading legislators.

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Veto means formal rejection of legislation.
TrueFalse

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