CL5223: Welsh Devolution
| School | Cardiff Law School |
| Department Code | LAWPL |
| Module Code | CL5223 |
| External Subject Code | 100485 |
| Number of Credits | 20 |
| Level | L5 |
| Language of Delivery | English |
| Module Leader | Miss Manon George |
| Semester | Double Semester |
| Academic Year | 2015/6 |
Outline Description of Module
This module introduces students to the system of Welsh devolution including Welsh law. Students will gain an understanding of the legal nature as well as the powers and responsibilities of the Welsh Government and of the National Assembly for Wales. This module also facilitates the understanding of the broader constitutional issues associated with devolution and draws comparisons between the devolved institutions in the United Kingdom.
On completion of the module a student should be able to
- to understand and evaluate the legal history of Wales and the development of devolution to the UK
- to describe the legal status and institutional arrangements in the National Assembly for Wales for legislating and scrutinising legislation
- to compare the main features of the Welsh devolution settlement with the Scottish devolution settlement
- to describe and evaluate the role of the Welsh Government and the functions of Welsh Ministers
- to describe and evaluate the constitutional relationship between the Assembly and the Welsh Government
- to describe and evaluate the role of the Supreme Court in relation to devolution in Wales
- to describe and evaluate the nature of the UK constitution following devolution and the effect of devolution on constitutional principles and doctrines
- to consider the question of a separate legal jurisdiction for Wales including a separate criminal justice system and a separate Law Commission
How the module will be delivered
The following learning and teaching pattern is based on a standard seminar size, 15/20 students.
11 x 1 hour lectures
10 x 2 hour seminars
The module leader will endeavour to arrange for one of the seminars to be held in the National Assembly for Wales and another seminar to be held in the Welsh Government.
Skills that will be practised and developed
Intellectual skills
- to read and understand constitutional statutes
- to identify provisions in specific primary legislation which give functions to the National Assembly for Wales and the other devolved institutions and explain their scope
- to analyse the legislative powers of the National Assembly for Wales and the Scottish Parliament and to do so in comparison to the UK Parliament at Westminster
- to analyse the nature and status of legislation made by the devolved legislatures
- to analyse the functions of Welsh Ministers
- to apply the relevant provisions of the Government of Wales Act 2006 and other primary legislation to the Assembly’s proposed initiatives
- to critically evaluate the potential for the National Assembly to follow an independent legislative agenda within the boundaries of the Government of Wales Act 2006
- to read cases relating to devolution issues
- to offer informed comments about the current constitutional debates in Wales and the United Kingdom
Transferable skills
- to access legal databases and use them to identify primary legislation and secondary legislation
- to use the websites of the devolved institutions
- to identify and use unfamiliar legal material
- to apply understanding of other modules, particularly Public Law, to critically analyse separate legal institutions
- to prepare and give a presentation
- to write coherently and concisely on a topic chosen from a limited range of subjects
How the module will be assessed
Students will be required to submit one essay plan in the first semester that will be treated as a formative assessment. This will address cross-cutting themes. In the second semester, students will be required to sit a class test that will be treated as a formative assessment. In this test, students will be required to answer a problem question based on the legislative powers of the National Assembly for Wales.
Summative assessment will comprise of two elements. The first will be a piece of coursework which will comprise 30% of the summative assessment.
The remaining 70% will comprise a closed book examination with students answering two essay questions from a choice of five. Students will be permitted copies of parts of the Government of Wales Acts 1998 and 2006.
Assessment Breakdown
| Type | % | Title | Duration(hrs) |
|---|---|---|---|
| Written Assessment | 30 | Welsh Devolution | N/A |
| Exam - Spring Semester | 70 | Welsh Devolution | 2 |
Syllabus content
The Legal History of Wales
Administrative and Executive Devolution to Wales
Legislative Devolution to Wales
Functions and powers of the Welsh Government
Welsh Law and Drafting Legislation
Powers of the National Assembly for Wales
Devolution and the Supreme Court
A Welsh Jurisdiction
What next for Wales and the Union?
Essential Reading and Resource List
This reading list is not meant to be comprehensive or exhaustive. A complete reading list is set out in the module handbook.
Essential Reading
- Government of Wales Act 1998
- Government of Wales Act 2006
- The Richard Commission report; chapters 5, 13 and 14
- ‘Better Governance for Wales’ report
- David Miers, ‘Law Making in Wales: A Measure of Devolution’
- Executive Summary of the All Wales Convention
- R Wyn Jones & R Scully, Wales Says Yes (University of Wales Press 2012)
- Emyr Lewis, ‘The Assembly’s legislative limbo land’
Background Reading and Resource List
- Timothy H Jones, ‘Wales Devolution and Sovereignty’ (Statute Law Review 33(2), 151–162)
- Alan Trench, ‘The Government of Wales Act 2006: the next steps on devolution for Wales’ P.L. 2006, Win, 687-696
- Bush, K. (2006) ‘Wales measures up: reforms to the structure and powers of the Welsh Assembly will have a beneficial effect on the law in Wales,’ New Law Journal, 156 (7229), p978-979.
- J Alder, Constitutional and Administrative Law (Palgrave Macmillan 2013)