5.2 Devolved national legislatures

Though the UK parliament remains the sovereign parliament, Scotland has a parliament and Wales and Northern Ireland have assemblies. De jure, each could have its powers broadened, narrowed or changed by an Act of the UK Parliament. However, Scotland has a tradition of popular sovereignty as opposed to parliamentary sovereignty and the fact that the Scottish parliament was established following a referendum would make it politically difficult to significantly alter its powers without popular consent. The UK is therefore a unitary state with a devolved system of government. This contrasts with a federal system, in which sub-parliaments or state parliaments and assemblies have a clearly defined constitutional right to exist and a right to exercise certain constitutionally guaranteed and defined functions and cannot be unilaterally abolished by Acts of the central parliament.

All three devolved institutions are elected by proportional representation: the Additional Member System is used in Scotland and Wales, and Single Transferable Vote is used in Northern Ireland.

England, therefore, is the only country in the UK not to have a devolved English parliament. However, senior politicians of all main parties have voiced concerns in regard to the West Lothian Question, which is raised where certain policies for England are set by MPs from all four constituent nations whereas similar policies for Scotland or Wales might be decided in the devolved assemblies by legislators from those countries alone. Alternative proposals for English regional government have stalled, following a poorly received referendum on devolved government for the North East of England, which had hitherto been considered the region most in favour of the idea, with the exception of Cornwall, where there is widespread support for a Cornish Assembly, including all five Cornish MPs. England is therefore governed according to the balance of parties across the whole of the United Kingdom.

The government has no plans to establish an English parliament or assembly although several pressure groups are calling for one. One of their main arguments is that MPs (and thus voters) from different parts of the UK have inconsistent powers. Currently an MP from Scotland can vote on legislation which affects only England but MPs from England (or indeed Scotland) cannot vote on matters devolved to the Scottish parliament. Indeed, the former Prime Minister Gordon Brown, who is an MP for a Scottish constituency, introduced some laws that only affect England and not his own constituency. This anomaly is known as the West Lothian question.

The policy of the UK Government in England was to establish elected regional assemblies with no legislative powers. The London Assembly was the first of these, established in 2000, following a referendum in 1998, but further plans were abandoned following rejection of a proposal for an elected assembly in North East England in a referendum in 2004. Unelected regional assemblies remain in place in eight regions of England.

5.2.1 Scottish Parliament

The Scottish Parliament is the national, unicameral legislature of Scotland, located in the Holyrood area of the capital Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members who are known as Members of the Scottish Parliament, or MSPs. Members are elected for four-year terms under the mixed member proportional representation system. As a result, 73 MSPs represent individual geographical constituencies elected by the plurality ("first past the post") system, with a further 56 returned from eight additional member regions, each electing seven MSPs.

The current Scottish Parliament was established by the Scotland Act 1998 and its first meeting as a devolved legislature was on 12 May 1999. The parliament has the power to pass laws and has limited tax-varying capability. Another of its roles is to hold the Scottish Government to account. The "devolved matters" over which it has responsibility include education, health, agriculture, and justice. A degree of domestic authority, and all foreign policy, remains with the UK Parliament in Westminster.

The public take part in Parliament in a way that is not the case at Westminster through Cross-Party Groups on policy topics which the interested public join and attend meetings of alongside Members of the Scottish Parliament (MSPs).

The resurgence in Celtic language and identity, as well as 'regional' politics and development, has contributed to forces pulling against the unity of the state. This was clearly demonstrated when - although some argue it was influenced by general public dillusionment with Labour - the Scottish National Party (SNP) became the largest party in the Scottish Parliament by one seat.

Alex Salmond (leader of SNP) has since made history by becoming the first First Minister of Scotland from a party other than Labour. The SNP govern as a minority administration at Holyrood. Nevertheless, recent opinion polls have suggested that nationalism (i.e., a desire to break up the UK) is rising within Scotland and England. However, the polls have been known to be inaccurate in the past (for example, in the run up to the 1992 General Election). Moreover, polls carried out in the 1970s and the 1990s showed similar results, only to be debunked at elections. While support for breaking up the UK was strongest in Scotland, there was still a clear lead for unionism over nationalism. However, an opinion poll in April 2008 suggested the result of any referendum on Scottish independence could be close as support for independence had reached 41% with just 40% supporting retention of the Union.

5.2.2 Welsh Assembly

The National Assembly for Wales is the devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs (Welsh: Aelod y Cynulliad). Members are elected for four-year terms under an additional members system, where 40 AMs represent geographical constituencies elected by the plurality system, and 20 AMs from five electoral regions using the d'Hondt method of proportional representation.

The Assembly was created by the Government of Wales Act 1998, which followed a referendum in 1997. On its creation, most of the powers of the Welsh Office and Secretary of State for Wales were transferred to it. The Assembly had no powers to initiate primary legislation until limited law-making powers were gained through the Government of Wales Act 2006. Its primary law-making powers were enhanced following a Yes vote in the referendum on 3 March 2011, making it possible for it to legislate without having to consult the UK parliament, nor the Secretary of State for Wales in the 20 areas that are devolved.

5.2.3 Northern Ireland assembly

The government of Northern Ireland was established as a result of the 1998 Good Friday Agreement. This created the Northern Ireland Assembly. The Assembly is a unicameral body consisting of 108 members elected under the Single Transferable Vote form of proportional representation. The Assembly is based on the principle of power-sharing, in order to ensure that both communities in Northern Ireland, unionist and nationalist, participate in governing the region. It has power to legislate in a wide range of areas and to elect the Northern Ireland Executive (cabinet). It sits at Parliament Buildings at Stormont in Belfast.

The Assembly has authority to legislate in a field of competences known as "transferred matters". These matters are not explicitly enumerated in the Northern Ireland Act 1998 but instead include any competence not explicitly retained by the Parliament at Westminster. Powers reserved by Westminster are divided into "excepted matters", which it retains indefinitely, and "reserved matters", which may be transferred to the competence of the Northern Ireland Assembly at a future date. Health, criminal law and education are "transferred" while royal relations are all "excepted".

While the Assembly was in suspension, due to issues involving the main parties and the Provisional Irish Republican Army (IRA), its legislative powers were exercised by the UK government, which effectively had power to legislate by decree. Laws that would normally be within the competence of the Assembly were passed by the UK government in the form of Orders-in-Council rather than legislative acts.

There has been a significant decrease in violence over the last twenty years, though the situation remains tense, with the more hard-line parties such as Sinn Féin and the Democratic Unionist Party now holding the most parliamentary seats (see Demographics and politics of Northern Ireland).