UK Constitutional Fact: Devolved Elections Can’t Mandate Separation

Under the following laws, Constitutional matters are in the sole remit of the UK Parliament at Westminster (the Houses of Commons and Lords):

The Scotland Act 1998,

The Wales Act 2017

And the Northern Ireland Act 1998.

Let’s look at what each act says about constitutional matters:

Under the Scotland Act 1998, aspects of the constitution are explicitly reserved matters, meaning they are subject to the exclusive legislative authority of the UK Parliament and cannot be legislated on by Holyrood (the ‘Scottish Parliament’). This includes the Crown (succession and regency), the Union of the Kingdoms of Scotland and England, the Parliament of the United Kingdom, and the continued existence of the High Court of Justiciary and the Court of Session. The Act defines these constitutional matters as reserved in Schedule 5, Part 1. Holyrood’s legislative competence is limited to matters not reserved, and any legislation that relates to these reserved constitutional aspects is not law. Holyrood has legislative competence in all other matters, which are considered devolved. The Act establishes that the UK Parliament remains legislatively sovereign, and Holyrood operates within the powers granted to it by the UK Parliament.

The Constitution is a reserved matter in Wales, meaning that decisions regarding constitutional issues are made by the UK Parliament and not by the ‘Senedd’. This is part of the reserved powers model established by the Wales Act 2017.

In the context of Welsh legislative devolution, reserved matters are areas where the UK Parliament retains exclusive legislative power. This means that the Senedd cannot make laws on these subjects.

The Constitution is classified as a reserved matter in Wales. This includes ‘general reservations!. The constitution falls under the general reservations heading, meaning the Senedd cannot legislate on constitutional issues.

Since the constitution is reserved, any changes or legislation regarding constitutional matters must be handled by the UK Parliament. This structure ensures that key aspects of administration remain consistent across the UK, while allowing the Senedd to legislate on devolved matters such as health, education, and local government.

The constitution is also a reserved matter in ‘Northern Ireland’ (Ulster), meaning that only the UK Parliament retains exclusive power to legislate on these issues.

Thus, under UK Constitutional Law, a party can ONLY receive a mandate for any policy that falls within their devolved remit, BUT NOT FOR ANY RESERVED MATTER. Consequently, it is IMPOSSIBLE for any political party to receive a mandate from any devolved election (I.e. to Holyrood, Stormont in Ulster and the Welsh ‘Senedd’) for separating one part of the UK from the rest of the Union, IRRESPECTIVE OF WHAT’S IN THEIR MANIFESTO (I.E. ‘INDEPENDENCE’) OR THAT ‘INDEPENDENCE’ IS A PARTY’S REASON FOR BEING (AS IT IS WITH THE SNP, PLAID CYMRU OR SINN FEIN/IRA). ONLY a general election to the UK Parliament at Westminster can generate a mandate for a party to pursue separation of the constituent parts of the UK.

Source: https://researchbriefings.files.parliament.uk/documents/CBP-8544/CBP-8544.pdf

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