ABSTRACT

As discussed in Chapters 1 to 3, the constitution of the United Kingdom has traditionally been characterised by the unity of its several parts, with centralised government. Wales became united with England through being conquered in 1262, while the Acts of Union 1706 and 1707 marked the end of the separation of Scotland and England under two sovereign parliaments. Despite the former attempt at devolution of power to both Wales and Scotland in 1978, discussed in Chapter 3, the population of neither country then expressed – according to the terms of the referendum – the desire for greater separation from centralised government. Two decades later, however, the political position is much changed. A disenchantment with the extent to which the national parliament reflected the views of the people of Scotland, in particular, and Wales, and a rising tide of nationalist regional sentiment, has led to change and power being devolved from the centre to the nations. In addition, settlement reached in Northern Ireland under the 1998 Good Friday agreement facilitated the re-establishment of the Northern Ireland Assembly.

The Northern Ireland Act 1998 regulates the Northern Ireland Assembly and Executive. The Act includes many significant distinguishing features unique to the situation pertaining in Northern Ireland. In particular, the Act provides for a power sharing executive, with offices allocated between differing political parties according to their electoral support. As discussed in more detail below, the Assembly is given statutory power to exclude a minister or junior minister, or a political party, from holding office for a 12 month period if the Assembly resolves that he, she or it no longer enjoys the confidence of the Assembly on the basis that he or she is not committed to non-violence and exclusively peaceful and democratic means. The Act also provides for the protection of all citizens of Northern Ireland from discrimination on the grounds of religious belief and introduces a Human Rights Commission and Equal Opportunities Commission.1