Constitutional and Administrative Law

This chapter explores the impact of devolution upon particular aspects of the UK’s constitutional arrangements. First, devolution required a major departure for the courts from their historic reluctance to review legislation. Devolution obliges the courts to become involved in politically contentious debates and, where necessary, to strike down legislation enacted by the devolved legislatures if it exceeds their competences under the devolution arrangements. As the devolved administrations push for increased autonomy, this may even require the courts to rule upon the legitimacy of legislation seeking independence. The chapter thereafter considers the place of England within the Union following devolution to the other constituent parts of the UK. England remains the only non-devolved territory within the UK and, as such, continues to be governed from Westminster. This gives rise to a number of representational, legislative and administrative difficulties. This chapter outlines the consequences of England lacking any meaningful devolved structures of government, and the proposed responses to the difficulties associated with this most obvious of devolution’s asymmetries.