Why Devolution Cannot be Breached

Some people claim that a sovereign legislature that legislates (passes laws) within a devolved legislature’s competencies is breaching devolution.

 

Devolution is when the nation sovereign legislature gives (devolves) legislative functions to a more localised body.

Most countries have this in the form of local councils. Some countries have devolved bodies with far broader powers, such as the Scottish and Welsh Parliaments in the UK.

These devolved bodies don’t have powers in their own right. They only have power because they were given power by the sovereign legislature. Power that could be taken away at any moment. Devolved legislatures aren’t the final arbiters of power.

In devolution, the power and authority is still vested in the original, central sovereign legislature. Its law is supreme, meaning it can pass laws that supersede the devolved legislature.

So, national legislatures legislating on devolved matters doesn’t go against devolution. It actually demonstrates devolution because it shows both legislatures can legislate in the same areas.

 

But just because the sovereign legislature can doesn’t mean it should.

What’s the point of devolved administrations if the national administration makes laws on devolved matters? This would make devolved bodies inconsequential and hence a waste of money.

Devolution is useful because, by taking responsibilities away from the national legislature, the national legislature can put more energy into the remaining responsibilities. A lot of focus on a few issues is better than a little focus on every issue!

 

Other political structures, such as federations, have a different balance of power.

A federation is formed by component states. Each has its own legislature, as does the united federation as a whole. The USA and Germany are the instant examples.

Federal and state legislatures have authority in their own right. The powers are split between them and they, ordinarily, can’t supersede the other. For example, education is controlled at the state level and defence and foreign policy at federal state level.