Skip to content
Predicted Paper 2 Q2(c) · Constitution and Devolution

Devolution and the Union · Notes + essay plan

"Evaluate the view that devolution has weakened the union." 30 marks.
Essay plan
Evaluate the view that devolution has weakened the union. (30 marks)
Line of argument: Devolution has put substantial pressure on the union - Scotland 2014, the post-Brexit settlement, SNP electoral dominance 2007-24 - but it has arguably PRESERVED rather than weakened the union by giving the constituent nations a structure for self-rule within the United Kingdom. Without devolution the pressure for independence would likely have produced an earlier break.
Theme 1 - Devolution has put real pressure on the union (the weakening case)
  • The 2014 Scottish Independence Referendum - 45% Yes, 55% No. A close result that brought Scottish independence to the brink and shaped a generation of Scottish politics.
  • The SNP electoral dominance 2007-2024 - won every Scottish election; held UK seats from 56 in 2015 down to 9 in 2024. SNP electoral success made independence a permanent political question.
  • The post-Brexit settlement intensified Scottish/Welsh resistance. The Internal Market Act 2020 was seen as overriding devolved competences. Northern Ireland Protocol created a within-UK trade border.
Theme 2 - Devolution has stabilised the union (the strengthening case)
  • The 2014 IndyRef No vote was a clear majority. Devolution gave Scotland self-rule without independence.
  • Devolved governments engage with major UK issues without seeking a break - Labour's 2024 Scottish gains (35 seats up from 1) showed unionist parties can win back ground.
  • Northern Ireland power-sharing returned in February 2024 after a two-year gap. Devolution gave NI a structure to manage post-Brexit tensions without bigger fracture.
  • Welsh devolution has remained broadly popular without producing a serious independence movement; Welsh independence polling sits around 20%, much lower than Scotland.
Theme 3 - Asymmetric devolution complicates the picture
  • Devolution is uneven - Scotland (most powers), Wales (growing powers since 2011 referendum), Northern Ireland (Good Friday 1998), England (no parliament).
  • The West Lothian question / English Votes for English Laws (EVEL) tried to address the English issue 2015-21 but was discontinued.
  • Reform UK and parts of the Conservative right increasingly argue devolution has created unfair imbalances - Barnett Formula, Scottish university tuition free for Scots but not English.
  • Yet asymmetric devolution has lasted 26 years without collapse. The Sewel Convention manages the legal-political tension.

Conclusion. Devolution has put real pressure on the union and brought Scotland to the brink in 2014, but it has also arguably preserved the union by providing a constitutional outlet for self-rule short of independence. The strongest verdict: devolution has weakened the union's legal simplicity but strengthened its political durability. Without devolution since 1997 the pressure for full Scottish independence would likely have been higher, not lower.

1. Devolution timeline 1997-2024
Roll through them1 / 14
1997Scottish and Wel
1998Good Friday Agre
1998Scotland Act / G
1999Scottish Parliam
2011Welsh devolution
2014Scottish Indepen
2016Scotland Act 201
2016EU referendum
2020Internal Market
2020Northern Ireland
2022DUP collapses NI
2023Windsor Framewor
2024NI power-sharing
2024UK general elect
1997

Scottish and Welsh devolution referendums. Scotland 74% Yes; Wales 50.3% Yes (very narrow).

1998

Good Friday Agreement (Northern Ireland). Established power-sharing devolution in NI.

1998

Scotland Act / Government of Wales Act / Northern Ireland Act. Statutory basis for the three devolved bodies.

1999

Scottish Parliament, Welsh Assembly, NI Assembly first sit. Devolution begins in practice.

2011

Welsh devolution referendum. 63% Yes to full law-making powers for the Senedd.

2014

Scottish Independence Referendum. 55% No, 45% Yes. Independence rejected but with strong support.

2016

Scotland Act 2016 + Wales Act 2017. Following the post-2014 Smith Commission - Scotland gets more tax and welfare powers; Welsh devolution extends.

2016

EU referendum. Scotland 62% Remain, Northern Ireland 56% Remain. Brexit went ahead anyway - constitutional strain on the union.

2020

Internal Market Act. UK Parliament imposed a UK-wide approach to internal trade. Scottish and Welsh governments objected as overriding devolved competence.

2020

Northern Ireland Protocol. NI follows many EU rules to avoid a hard Irish border; trade barrier within UK.

2022

DUP collapses NI power-sharing. Two-year vacuum at Stormont over Protocol disagreement.

2023

Windsor Framework (February). Simplified the Protocol; DUP eventually returned to Stormont.

2024

NI power-sharing restored (February). Stormont reopened after two-year gap.

2024

UK general election. Labour 411 seats; SNP collapsed to 9 seats; Labour took Scotland with 35 seats.

Roll up and down: arrows, scroll or swipe inside the box, the up and down keys, or click a step above.

2. Evidence devolution has weakened the union

Scotland 2014 - the closest call

The 18 September 2014 referendum produced 45% Yes / 55% No on a turnout of 84.6%. Scottish independence came within ten points of winning. The campaign mobilised Scottish national identity around the SNP and produced lasting political effects - SNP membership surged; SNP won 56 of 59 Scottish Westminster seats in 2015.

SNP electoral dominance 2007-2024

The SNP held the Scottish Parliament continuously from 2007. Alex Salmond 2007-14; Nicola Sturgeon 2014-23; Humza Yousaf 2023-24; John Swinney 2024-. SNP at Westminster peaked at 56 seats in 2015 and held above 40 throughout 2015-19. Successive UK governments faced an articulate independence movement with electoral mandate.

Brexit as constitutional crisis

Scotland voted 62% Remain and NI 56% Remain in 2016. Both were taken out of the EU against their nations' clear majority preference. This intensified the case for Scottish independence (the "material change in circumstances" argument) and produced specific Northern Ireland complications via the Protocol.

Internal Market Act 2020

UK Parliament's Internal Market Act 2020 created UK-wide trading rules. Scottish and Welsh governments argued it overrode devolved competence in product regulation. The Scottish Parliament rejected legislative consent (Sewel Convention) but Westminster legislated anyway. A high-profile illustration that Sewel is not legally binding.

Northern Ireland Protocol and Stormont collapse

The Protocol kept Northern Ireland following EU single-market rules on goods to avoid a hard border. Created a GB-NI trade border which the DUP rejected. DUP collapsed Stormont power-sharing February 2022. Power-sharing was suspended for two years until the Windsor Framework simplified the arrangements and the DUP returned February 2024.

3. Evidence devolution has strengthened (or preserved) the union

2014 produced a No vote

Scotland voted 55% No to independence. The arrangement of devolution-without-independence held. Subsequent SNP polling on a second referendum has never reached a consistent majority for Yes.

Labour's 2024 Scottish recovery

In July 2024 Labour won 35 of 57 Scottish Westminster seats - up from 1 in 2019. SNP collapsed from 48 to 9. The independence vote share fell. The narrative of inexorable Scottish drift toward independence has been interrupted.

NI power-sharing returned 2024

The Windsor Framework's simplification of the Protocol restored conditions for NI power-sharing. Sinn Fein's Michelle O'Neill became First Minister - the first nationalist to hold the post - and Stormont resumed February 2024. Devolution survived a two-year vacuum.

Welsh devolution remains popular without separatism

Welsh independence polling sits around 20% - far below Scottish levels. Devolution has settled in Wales as a self-rule arrangement within the union; Plaid Cymru's vote share has been stable rather than rising.

The safety-valve argument

Devolution has given Scotland, Wales and Northern Ireland a constitutional outlet for self-rule short of independence. Without devolution since 1997 the pressure for full independence might well have been higher. Devolution arguably PRESERVED the union by providing a less-than-independence settlement that accommodates national identity.

The strongest defender's argument. Devolution is structurally a safety valve, not a centrifugal force. It gives the constituent nations meaningful self-rule. The 26-year history shows pressure but no break-up. The 2024 Labour Scottish recovery and the 2024 NI power-sharing return show the system can self-correct.
4. Asymmetric devolution and the English question

The asymmetry

  • Scotland - most powers; primary law-making since 1999; expanded under Scotland Acts 2012 and 2016.
  • Wales - growing powers since 2011 referendum; Wales Act 2017 added further competences.
  • Northern Ireland - power-sharing since 1998; suspended periodically but the framework holds.
  • England - no English Parliament. The only constituent nation without its own legislature. English laws are made at Westminster, where Scottish and Welsh MPs can vote on them.

The West Lothian question

Named after Tam Dalyell's question in the 1970s. If Scottish MPs vote on English education while English MPs cannot vote on Scottish education (because that is devolved), is that fair? The question has no clean answer.

English Votes for English Laws (EVEL) 2015-21

Cameron's response: from 2015 English-only legislation required English consent. Cumbersome procedurally and politically; quietly dropped in 2021.

Contemporary English-question politics

Reform UK and parts of the Conservative party increasingly argue the Barnett Formula (the funding mechanism) advantages Scotland over England. Calls for an English Parliament have grown but remain a minority position. No major party has committed to one.

The asymmetric position. Devolution has worked unevenly. It has held the Union together for 26 years but at the cost of unresolved tensions about England, funding, and which nation gets what. The contemporary union is constitutionally complicated but politically functional.
5. Exam traps and high-band moves

The trap most students fall into

Writing "devolution has weakened the union" or "devolution has strengthened the union" without the comparative move. Both readings have evidence and the strongest essays hold both.

High-band moves

  • Use the 2014 Scottish IndyRef as the headline weakening evidence AND the headline strengthening evidence (depending on which way you read it).
  • Use the 2024 Labour Scottish gains + 2024 NI power-sharing return as the contemporary self-correction evidence.
  • Cite the Internal Market Act 2020 + Sewel Convention as the constitutional-tension example.
  • Acknowledge asymmetric devolution as a real complication that NEITHER reading fully addresses.
  • Make the safety-valve argument explicit - devolution as the alternative to break-up.
  • Reach a clear interim judgement on each theme.
The high-band verdict. "Devolution has weakened the union's legal simplicity but strengthened its political durability. The 2014 referendum was the closest call - devolution provided the constitutional outlet that contained it. Without devolution since 1997, the pressure for full independence in Scotland and the contestation in NI would likely have produced an earlier break. Devolution is the structure that holds the union together; it also produces the tensions that periodically test it."