Welsh Devolution and the Union: Reform Debates after Brexit

The survey addresses three key reform debates relating to devolution in Wales. These concern first, the case for the further devolution of powers, notably those over criminal justice and policing; second, the defence of Wales’ devolved powers in the context of Brexit; and third, the rooting of devolution in new constitutional ideals, primarily the Welsh government’s preferred model of the UK as a voluntary association of nations, or the alternative pressed by the independence movement. In each case, there are strong pressures within Wales for resolutions which sustain and develop devolution; and in the case of independence, have the potential, with reform debates elsewhere, to transform the UK Union. However, there are also grounds for reflecting on the contested nature of further change, the long road that a case for independence may yet have to travel, and the interests of UK government.     

The Settlement and Process of Devolution: Territorial Politics and Governance under the Welsh Assembly

Devolution has been the most notable feature of the Labour government's plan to modernize the constitution. Principal consideration is given to Wales and to events since the formation of the National Assembly, which are examined by recourse to theoretically informed analysis on territorial politics and the nature of governance. The central question concerns the extent to which the Assembly can develop an autonomous policy position. Contemporary theories argue that internal and external developments have left central government in a less powerful position, which potentially can further augment the prospects for devolution. Events prior to and after the formation of the Assembly question whether government has moved into a new phase of development. Central government still commands an extensive range of resources and powers, especially over territorial bodies. At the same time, comparative analysis shows that such institutional parameters need not remain fixed. There is institutional space within the state for these powers to be contested and that the continued significance of territory can act as the basis of such political struggle.     

The Australian Republic Referendum, 1999

The 1999 Australian republic referendum was intended to finalise the nation-building process begun in the mid-nineteenth century and to exploit growing national consciousness in the wake of post-World War II cosmopolitan immigration and the 1988 bicentenary. Despite strong republican support recorded by opinion polls and a broadly favourable media climate the proposal to institute a republic was defeated. The article summarises the campaign and explores some of the reasons that have been advanced, including the part played by the prime minister, for its outcome; it concludes that 'the model' might have been a contributory factor, but probably not the sole explanation. A re-run is unlikely before the election of a sympathetic, probably Labor, government. The episode illustrates the immensity of the difficulty facing republicans in Britain where similarly favourable conditions are inconceivable in the foreseeable future.     

Supervised Devolution: The Case of Child-Support Enforcement

Supervised devolution in the area of child-support enforcementhas produced a tenuous but politically popular sharing of powerbetween the federal government and the states for more thantwo decades. In this paradigm, policy has proceeded simultaneouslyalong two developmental tracks. Along the first track, the federalgovernment has pushed states toward reform by establishing thelegal framework for the program. Along the second track, thefederal government also has granted the states freedom to experimentwith a variety of new policies, including those that targetan extremely important group: low-income fathers. This freedom,however, is not without its limits. The federal government activelysupervises the states' performance through a combination offinancial incentives, penalties, and funding for demonstrationprojects. When the states have innovated in a particularly noteworthydirection, the federal government has followed through withappropriate rewards. When they have faltered, the states havefaced negative repercussions. Future challenges to this delicatebalance of power include processing interstate cases, adaptingto a changing clientele base, and resolving outstanding cost-sharingissues.     

Devolution and Local Government

Devolution was introduced amid a rhetoric of democratic renewaland promised the active engagement of local government. Localgovernment has responded in different ways in different partsof the United Kingdom. In Scotland and Wales local authoritieshave built on their advocacy of devolution before 1997 to realizea close partnership with devolved government. In London, too,local authorities have come to engage closely with regionalgovernment. In the rest of England local authorities were atbest ambivalent about the possibility of regional government,preferring to work in a national context with UK governmentinstitutions. Northern Ireland local government is parochialand appears suspicious of engagement with devolved government.These differences express some of the wider relationships ofthe component societies of the United Kingdom to the UK stateand have helped to embed continued centralized government inEngland.     

The Slovenian EU Accession Referendum: A Cat-and-Mouse Game

This account reviews the background to, the campaign and the result of the Slovenian EU accession referendum. The authors ascertain that the ‘yes’ campaign was outstandingly well organised and synchronised, in stark contrast to the ‘no’ campaign, which was poorly organised and came across as representative of a narrow set of interests. Irrespective of this contrast, the large victory (almost 90 per cent) of the ‘yes’ camp was unexpected (as well as the relatively low turnout of 60.4 per cent). The two most important reasons for such a high level of support for the EU in the accession referendum can be traced back to the broad consensus among the political and social elite and the reorientation of the most well-known anti-EU actors to the NATO accession referendum which was held simultaneously. For this reason, account is taken of the Slovenian NATO accession referendum, but only to the extent that it influenced the campaign and result of the EU referendum.     

'Ideal Types' of Referendum Behaviour

Referendums represent a special variant of political elections. Although it must be assumed that the behaviour of voting in referendums is determined by a range of factors identical to those that are operative in other contests, it can be asked to what extent referendum voting behaviour is sensitive to active campaigning on the part of political parties and organized groups. It may add to our understanding of referendums, therefore, to analyze them in terms of three 'ideal types': party-structured, group-structured, and unstructured contests. Illustrations taken from certain recent referendums support the argument that it is useful to consider the extent to which these ideal types are in evidence - alone or in combination - when explaining referendum voting behaviour.     

Referendum Policies across Political Systems

This article compares the use of referendums across political regimes over time in Europe. It does so on the basis of a new typology that differentiates between policy domains and degrees of abstraction. The analysis shows different patterns in referendum use between authoritarian regimes, countries in transition and democracies. In addition to the variation in policy domains, the findings indicate different institutional features within the polity types: the process of initiation, the turnout in referendums and the rate of approval. The empirical evidence draws on an original dataset of 620 referendums organised at national level in Europe between 1793 and 2017.     

The Referendum, the Courts and Representative Democracy in Ireland

This article examines the four referendums held in Ireland between 1983 and 1987. Special emphasis is placed on the constitutional framework. It is argued that the 1937 Irish Constitution created a tension between representative democracy and judicial review. as well as between parliamentary supremacy and sovereignty of the people. This is encapsulated in Article 6.which states that all executive, judicial and legislative authority is derived from the people under God. This article was used by the Supreme Court to strikedown legislation which precipitated the 1984and 1987 referendums and to refuse injunctions in the 1983 and 1986 referendums. Finally, the four referendums were called in response to interest group pressure and Supreme Court decisions, which indicates shifts in Ireland away from the traditional Westminister model that has operated in practice in Ireland since 1922.     

Evaluating the Devolution Revolution1

This article provides an evaluation of the impact of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. The evidence clearly shows that PRWORA has had a major impact on the poverty population and the welfare system. The data analyzed identify those policy areas in which positive changes can be identified, along with implementation and design problems that need reform. The data also show that while some states have made considerable progress in implementing the law, many are lagging.