The territorial constitution: what is it and why does it matter?

The UK’s territorial structure seeks to accommodate varied nations, areas and identities in a single state, and to devolve energy nearer to these being ruled. Nevertheless it additionally operates throughout the nation’s system of parliamentary sovereignty, which might result in sensible tensions. Lisa James, Meg Russell and Alan Renwick clarify the Union’s underpinning ideas, and the important thing debates about its workings and future. This publish is a part of our collection of recent and up to date briefings on key constitutional subjects.

Background

The UK includes 4 constituent elements – England, Scotland, Wales and Northern Eire – certain collectively within the ‘Union’. Along with the Westminster parliament and authorities, parliaments and governments exist in Scotland, Wales and Northern Eire (however with no equal England-wide physique). There are additionally techniques of native authorities throughout the UK.

This briefing focuses on the construction of the Union. There are a selection of distinctive points to the territorial structure because it operates in Northern Eire, that are mentioned at better size in our briefing ‘How does politics work in Northern Eire?’.

How did the territorial structure evolve?

Wales was dominated by English kings from the late thirteenth century, with authorized unification happening over a time period. The Scottish and English crowns had been held by the identical monarch from 1603, with the Acts of Union forming Nice Britain in 1707. English monarchs exerted vital management in Eire from the twelfth century onwards, and the UK of Nice Britain and Eire was fashioned in 1801; Northern Eire was created in 1921, and opted to stay a devolved a part of the UK state following the 1921 Anglo-Irish Treaty.

Numerous techniques of administrative devolution utilized elsewhere and at completely different instances, however the present system of political devolution to Scotland, Wales and Northern Eire dates from the late Nineteen Nineties. Referendums in 1997 in Scotland and Wales accepted the creation of a devolved consultant physique in every nation. The Scottish Parliament and Nationwide Meeting for Wales had been duly established, and powers devolved through laws. The Nationwide Meeting for Wales initially lacked major legislative powers, however these had been granted in 2006; in 2020 it was renamed the Welsh Parliament/Senedd Cymru.

What ideas underpin the territorial structure?

The UK combines varied nations and areas in a single state. Which means its residents could maintain a number of identities, being English, Scottish, Welsh or Irish, Northern Irish or Ulster along with, or as a substitute of, British. Likewise, completely different identities maintain completely different ranges of significance for various individuals. A 2024 survey discovered that 23% of individuals in England felt completely or primarily English, 45% equally English and British, and 22% completely or primarily British. In Scotland, 57% of respondents reported feeling completely or primarily Scottish, 25% equally Scottish and British, and 12% completely or primarily British.

The territorial structure permits a number of identities and pursuits to co-exist throughout the state, in addition to permitting for energy to be devolved nearer to these ruled. Nevertheless it additionally operates throughout the UK’s system of parliamentary sovereignty, through which the UK parliament is constitutionally supreme. This can lead to stress between those that have sought to extend central affect over devolved areas (typically known as ‘muscular unionists’), and people who help better decentralisation.

How does devolution work?

Devolution refers back to the granting of powers from the UK parliament and authorities to the legislatures and governments of the nations and areas of the UK. UK devolution is asymmetrical – completely different coverage areas and powers are devolved to every of Scotland, Wales and Northern Eire, whereas England has a system of restricted sub-national devolution to regional mayors. Some coverage areas, similar to defence, the structure, and most financial coverage, relaxation with Westminster as ‘reserved’ powers. Along with reserved coverage areas, Westminster formally retains three key powers:

To dam devolved laws which the UK authorities believes would: contravene the UK’s worldwide obligations; threat compromising nationwide defence; or modify the regulation on reserved issues with ‘antagonistic impact’. In 2023, the UK authorities used this energy to dam Scottish laws on gender recognition.

To legislate in devolved coverage areas. This isn’t all the time controversial: there could also be good the reason why it fits all events for Westminster to legislate, particularly the place coverage objectives are shared. The facility is ruled by the Sewel conference, which says that the UK authorities is not going to ‘usually’ search to legislate in devolved coverage areas with out the consent of the related parliament – however, as confirmed by the Supreme Courtroom in 2017, the conference is non-binding.

To change the devolution settlement, by amending the first laws through which it’s set out – although any transfer to limit the devolution settlements would in apply be extremely controversial.

This can be a essential distinction from federal techniques (similar to Australia, Canada, Germany and the USA), the place the existence and powers of sub-national states are included within the structure. The federal items are usually represented within the legislature, typically within the second chamber.

What are the important thing tensions within the UK’s territorial structure?

1. Intergovernmental relations

Devolution permits for governments of various events to be fashioned in numerous elements of the UK. Which means easy relationships between the UK and devolved administrations typically require cross-party working of a kind which is comparatively uncommon at Westminster. The system for intergovernmental relations goals to offer an atmosphere the place competing priorities and viewpoints will be constructively aired and disputes resolved.

Intergovernmental relations as soon as operated largely informally, via the Joint Ministerial Committee (which introduced collectively the leaders of the UK, Scottish, Welsh and Northern Eire governments on a usually advert hoc foundation). A brand new system was launched in 2022, consisting of three tiers: policy-specific interministerial teams, an interministerial standing committee, and the Prime Minister and Heads of Devolved Authorities Council. This construction was supplemented in 2024 by the Council of Nations and Areas, which brings collectively the Prime Minister, heads of devolved governments, and English mayors.

One other key facet of intergovernmental relations is the strategy taken to the UK’s post-Brexit inside market (i.e. the motion of products and providers between its constituent elements). The UK Inside Market Act 2020 has been criticised for constraining the devolved nations’ capacity to manage. A extra consensual strategy will be taken via using Widespread Frameworks: sector-specific agreements between the UK and devolved governments.

2. Sewel conference and legislating in devolved areas

As famous above, the Sewel conference units out that the UK parliament is not going to ‘usually’ legislate on devolved subjects with out the consent of the related devolved legislature. However the conference is non-binding, and there have been tensions over its operation.

The system usually operated easily till the Brexit course of started. Between 2016 and the UK’s exit from the European Union, a number of Acts had been handed with out consent from at the least one related occasion; extra have adopted. This has led some to name for the Sewel conference to be considerably strengthened. Extra incremental enhancements have additionally been urged (for instance, the sooner sharing of draft legislative texts). Debates about when the Sewel conference ought to apply additionally present ambiguities in regards to the boundaries of devolved competence. In its 2024 common election manifesto, Labour promised a brand new Memorandum of Understanding on the operation of the Sewel conference, which might present a chance for such clarification.

3. Cash

Scotland, Wales and Northern Eire all have some devolved fiscal powers (with the extent of the powers held various considerably between the three). The opposite key component of the monetary settlement is funding supplied by the UK authorities, primarily within the type of a ‘block grant’.

The block grant is predicated on historic spending choices. Adjustments to it are calculated in keeping with the Barnett formulation, underneath which the grant varies in proportion to adjustments to spending on related authorities providers in England. The block grant isn’t ring-fenced by service. The formulation dates from the Seventies and has by no means been changed, although it has been periodically up to date, considerably via the introduction of a spending ‘flooring’ for Wales and Northern Eire. There have been calls to replace it, notably to make use of a ‘need-based’ formulation.

Complete public spending per head is usually better in Scotland, Wales and Northern Eire than in England. Some argue this displays relative GDP ranges, and the prices of offering providers to extra dispersed populations. Others declare that it underserves English areas with related wants.

4. English illustration

Beneath present preparations, England is the one nation of the UK with out its personal parliament and authorities, and there’s no distinct all-England voice in intergovernmental relations. Issues affecting solely England are determined at Westminster, with MPs representing non-English constituencies capable of vote on them. This doubtlessly permits England-only coverage to move on the votes of MPs representing constituencies outdoors England. A system of ‘English Votes for English Legal guidelines’ was launched in 2015, however led to little extra scrutiny, and was scrapped in 2021.

What’s the way forward for the Union?

The UK has lengthy been described as a voluntary union. Independence actions exist in Scotland and Wales, and a current fee in Wales thought of three choices for the nation’s future: enhanced devolution, federalism throughout the UK, and independence. Independence referendums can happen solely with the UK authorities’s settlement (as confirmed by the Supreme Courtroom in 2022), however there aren’t any agreed guidelines as to when a referendum is perhaps known as, or the way it is perhaps carried out. An independence referendum in Scotland was granted, and held in 2014, however two subsequent requests by the Scottish Nationwide Celebration had been refused by then Prime Minister Boris Johnson.

A major minority in Northern Eire help Irish unification. The circumstances underneath which a referendum would must be held are specified by the Belfast/Good Friday Settlement and the Northern Eire Act 1998, as mentioned within the Northern Eire briefing on this collection.

An additional query considerations England’s lack of distinct illustration through a devolved legislature, or devoted minister. There have been calls at instances for an English parliament, however there can be main inquiries to be answered in regards to the powers and composition of any such physique. Successive governments have as a substitute sought to extend the powers devolved to English areas.

Lastly, some have known as for strikes towards full federalism, together with just lately the Impartial Fee on the UK’s Future chaired by Gordon Brown. Any such transfer would entail ending the UK’s core constitutional precept of parliamentary sovereignty. It will additionally must confront the disparity between the sizes of the UK’s constituent elements, and discover a solution to protect truthful illustration with out making a single dominant entity. England has 84% of the UK’s inhabitants: excess of the most important entity in current federal techniques. New South Wales has 31% of Australia’s inhabitants, Ontario 39% of Canadians, and North Rhine-Westphalia 21% of Germans. Another can be for England’s areas to be represented in a federal system; however proof means that many English regional identities will not be strongly held, and there’s no severe suggestion that the areas is perhaps given related fiscal and legislative powers to Scotland, Wales and Northern Eire.

Any transfer towards a basic change within the composition of the UK would require vital work, which has not but been finished. However reforms might be made to assist the present preparations work higher. Those that don’t wish to see independence, or persevering with battle, have a duty to make the present system work in addition to potential.

This briefing is a part of a collection designed to tell policy-makers and the general public about key constitutional points and democratic debates. It’s an output from the Constitutional Rules and the Well being of Democracy venture. Each briefing is obtainable to learn on the Structure Unit’s web site, in each webpage and PDF format.

In regards to the authors

Lisa James is a Senior Analysis Fellow on the Structure Unit.

Meg Russell is Professor of British and Comparative Politics at UCL and Director of the Structure Unit.

Alan Renwick is Professor of Democratic Politics at UCL and Deputy Director of the Structure Unit.