Chapter 12 Devolution and European Representation in the United Kingdom

Abstract

All traditional views of the British constitution, the most famous being those of Dicey or Bagehot, noted that the sovereign power of the UK had only one locus – the Westminster Parliament. Parliament was deemed to be sovereign, and the locus of executive power was located in the largest party in Parliament, which formed the executive. From a legal perspective, this traditional constitutional orthodoxy remains in place even today – devolution of power to Scotland, Northern Ireland and Wales was achieved via an Act of the Westminster Parliament, and from a legal perspective, the Westminster Parliament would be free to take away the powers granted to the devolved governments via another Act should it so wish. This situation is a result of the clear position in UK constitutional law that one Parliament is not in a position to bind its successors. It is important to note that, while the constitutional position grants the Westminster Parliament a power to repeal and remove the regional government which exists in the UK in Scotland, Wales, Northern Ireland and London, it is most unlikely that such a move would be politically feasible.