Question

Difficulty: Very hardThe Concept of Devolution and Reserved Powers

The devolution of power from the UK Parliament is often described as 'asymmetrical' because the scope of authority is not identical for each nation. Which of the following policy areas is currently a devolved responsibility for the Scottish Parliament but remains a 'reserved power' held by the UK Parliament in relation to Wales?

  1. Civil and criminal lawAnswer
  2. B
    Social security
  3. C
    Economic development
  4. D
    Immigration and nationality

Answer

The correct answer is civil and criminal law, as it is a devolved power in Scotland but remains a reserved power for the UK government in respect of Wales.
The UK's constitutional arrangement for devolution is asymmetrical. In Scotland, the parliament has the power to pass laws regarding its own distinct legal system, including civil and criminal law. In contrast, for Wales, the legal system and the administration of justice remain reserved powers managed by the UK Parliament in Westminster.

Step-by-Step Solution

1
Examine the list of devolved powers for the Scottish Parliament.
The Scottish Parliament has authority over civil and criminal law, health, and education, among other areas.
Identifying which powers are transferred to the first nation in the comparison.
2
Compare these powers with the devolved responsibilities of the Senedd (Welsh Parliament).
While health and education are devolved to Wales, civil and criminal law are notably absent from the Welsh list of devolved subjects.
Determining where the 'asymmetry' or difference in power lies between the two administrations.
3
Identify the status of non-devolved powers in the UK constitutional framework.
Powers that are not explicitly devolved to an administration are 'reserved' to the UK Parliament in Westminster.
Confirming that a lack of devolution in one nation makes a subject a reserved power for that specific context.

Key Concept

Asymmetrical Devolution and Variable Reserved Powers
Estimated Time:1m 30s
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