22.2.2 US Federal System vs. UK Devolution: Similarities and Differences

Similarities

1. Power Distribution

• Shared Power: Both the US federal system and the UK's devolved system involve a distribution of power between a central government and regional governments. In the US, power is constitutionally divided between the federal government and the states. In the UK, power is devolved from Parliament to regional governments in Scotland, Wales, and Northern Ireland.
• Legislative Bodies: Both systems feature regional legislatures (e.g., US state legislatures and the Scottish Parliament), which have the authority to legislate on certain issues within their respective regions.

2. Regional Autonomy

• Autonomy in Certain Areas: In both systems, regional governments have autonomy over specific policy areas. For example, US states have significant control over education and criminal justice, while in the UK, Scotland has devolved powers over health and education.
• Variation Across Regions: Both systems allow for regional variation in policy and law. This means that laws can differ significantly from one state to another in the US, or from Scotland to Wales in the UK.

3. Political Accountability

• Elected Regional Governments: In both systems, regional governments are directly elected by the people, providing a level of democratic accountability for regional issues. US states elect governors and state legislators, while the UK's devolved administrations have their own parliaments and assemblies.

Differences

1. Constitutional Basis

• US Federal System: The US federal system is constitutionally entrenched. The US Constitution explicitly outlines the division of powers between the federal government and the states. This division is relatively rigid, and changing it would require a constitutional amendment.
• UK Devolution: Devolution in the UK is not constitutionally entrenched but is based on legislation passed by the UK Parliament (e.g., the Scotland Act 1998). This means that the powers of devolved governments can be altered or even revoked by Parliament, reflecting the principle of parliamentary sovereignty.

2. Symmetry vs. Asymmetry

• US Federal System: The US federal system is symmetrical, meaning that all states have equal powers and responsibilities under the Constitution. There is a uniformity in how states interact with the federal government.
• UK Devolution: The UK's system of devolution is asymmetrical. Scotland, Wales, and Northern Ireland have different levels of devolved powers. For example, Scotland has more extensive powers than Wales or Northern Ireland, and England has no devolved government, creating an asymmetrical distribution of power.

3. Permanence of Power

• US Federal System: The powers of US states are permanent and cannot be unilaterally altered by the federal government. Any changes to state powers would require a constitutional amendment, which is a complex and difficult process.
• UK Devolution: Devolution in the UK is more flexible and reversible. The UK Parliament retains the legal authority to change or repeal the powers of the devolved administrations. This has led to debates about the stability and permanence of devolved powers, especially in the context of Brexit.

4. Scope of Authority

• US Federal System: US states have a broad scope of authority that is constitutionally protected. They retain all powers not explicitly granted to the federal government or prohibited by the Constitution (10th Amendment).
• UK Devolution: The devolved governments in the UK have specific powers granted to them by the UK Parliament. These powers can be broad but are not as extensive as the powers retained by US states. For example, UK devolved governments do not have the power to override UK-wide legislation in certain areas like defense or foreign policy.

5. Legal and Judicial Systems

• US Federal System: The US has a dual court system, with both federal and state courts. State courts have significant authority over state laws, and the federal courts have jurisdiction over federal matters.
• UK Devolution: The legal systems in Scotland and Northern Ireland are separate from those of England and Wales, but the UK Supreme Court is the final court of appeal for all. Devolved governments do not have their own separate court systems for all matters, and the UK Supreme Court can overrule decisions made by devolved institutions if they conflict with UK law.

6. Federalism vs. Unitary State

• US Federal System: Federalism in the US is a defining characteristic of its governance, with a clear constitutional basis for the division of powers between the national and state governments.
• UK Devolution: The UK remains a unitary state, with Parliament retaining ultimate sovereignty. Devolution is a delegation of power, rather than a constitutional division of authority, and can be adjusted or reversed by Parliament.

Conclusion

While both the US federal system and the UK system of devolution involve distributing power across different levels of government, they operate on fundamentally different principles. The US system is constitutionally entrenched, symmetrical, and more rigid, while the UK system is more flexible, asymmetrical, and subject to change by the central government. Understanding these similarities and differences is crucial for analyzing how each country manages the balance between central authority and regional autonomy.