How does the 'Reserved Powers Model' differ from the 'Conferred Powers Model' in devolution?

In the conferred model, a devolved body can only do what is specifically listed in the law. In the reserved model (used in the Wales Act 2017), the devolved body can do anything *except* what is specifically kept (reserved) by the central government.

What is the difference between the constitutional focus of the 1997-2010 era and the post-2015 era?

The 1997-2010 era focused on decentralizing power and protecting individual rights (e.g., Human Rights Act), while the post-2015 era has focused on reasserting national sovereignty (Brexit) and executive authority (repealing the Fixed-term Parliaments Act).

Compare the outcomes of Miller I (2017) and Miller II (2019) regarding executive power.

Miller I established that the executive cannot use prerogative powers to override statutory rights (triggering Brexit), while Miller II established that the executive cannot use prerogative powers to prevent Parliament from performing its constitutional duties (prorogation).

Why is it a mistake to say the UK constitution is 'entrenched' after the Scotland Act 2016?

While the Act states the Scottish Parliament is 'permanent,' parliamentary sovereignty means a future UK Parliament could technically repeal the Act with a simple majority, though it would be politically difficult and violate convention.

What is the common misconception regarding the status of 'English Votes for English Laws' (EVEL)?

Many believe EVEL is still a part of the legislative process, but it was actually abolished in 2021. The government argued it added unnecessary complexity to the passing of legislation.

Does the repeal of the Fixed-term Parliaments Act mean elections must happen every five years?

Not exactly. While the maximum term remains five years, the repeal (via the 2022 Act) allows the Prime Minister to request a dissolution of Parliament at any time before that limit, restoring the previous flexible system.

What is the 'Reserved Powers Model'?

A system of devolution where all powers are assumed to be devolved to a regional assembly unless they are specifically listed as 'reserved' to the central national parliament.

Define 'Parliamentary Sovereignty' in the context of post-2015 reforms.

It is the principle that Parliament is the supreme legal authority in the UK, which can create or end any law. Post-2015, this was used to justify leaving the EU and repealing the Fixed-term Parliaments Act.

What was the 'Recall of MPs Act 2015'?

An act that allows constituents to trigger a by-election if their MP is sentenced to prison or suspended from the House of Commons for a specific period, increasing representative accountability.

What is the 'Sewell Convention'?

A constitutional convention stating that the UK Parliament will not normally legislate on devolved matters without the consent of the devolved legislatures. Its status was tested and debated during the Brexit process.

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2. UK Government & Non-Core Political Ideas

Constitutional Change Since 2015

Summary

Constitutional reform since 2015 has been characterized by a shift from the 'liberal' decentralizing reforms of previous eras toward a focus on reasserting executive power and national sovereignty. Key developments include the UK's exit from the European Union, the evolution of the 'reserved powers' model in devolution, and significant tensions between the executive and the judiciary regarding the limits of prerogative powers.

1. Definition & Core Concepts

Executive Reassertion: Unlike the 1997-2010 period of decentralization, post-2015 reforms often focused on strengthening the central government's authority and 'taking back control' from external or internal constraints.
Constitutional Rolling Back: This period saw the repeal of previous reforms, such as the Fixed-term Parliaments Act, indicating that the UK's uncodified constitution allows for the relatively easy reversal of constitutional norms.
Sovereignty Shift: The central theme of this era is the transition from 'shared sovereignty' (within the EU) back to a traditional model of Parliamentary Sovereignty where Westminster is the ultimate legal authority.

2. Brexit and the Reassertion of Sovereignty

The 2016 Referendum: This event utilized direct democracy to challenge the established constitutional order, leading to the European Union (Withdrawal) Act 2018.
Legal Supremacy: The primary constitutional impact of Brexit was the removal of the supremacy of EU law, ensuring that Acts of Parliament can no longer be struck down by the European Court of Justice.
Internal Market Challenges: Brexit necessitated new constitutional arrangements to manage trade between the four nations of the UK, leading to tensions regarding the 'Sewell Convention' and devolved consent.

A diagram showing the conceptual balance between Executive Power and Judicial/External constraints post-2015, illustrating the shift toward executive reassertion.

3. Evolution of Devolution

4. Parliamentary and Electoral Reform

5. Executive vs. Judiciary: The Miller Cases

6. Key Distinctions: Reform Eras

7. Exam Strategy & Tips