How should Scotland be governed within or beyond the UK?
The place of Scotland within the UK and alternatives for its governance, including the status quo, further devolution and independence, the 2014 referendum, the powers of the Scotland Act 2016, and the implications of leaving the EU.
An SQA Higher Modern Studies answer on the place of Scotland within the UK and the alternatives for its governance, covering the 2014 independence referendum, the status quo, further devolution under the Scotland Act 2016, the case for and against independence, the 2022 Supreme Court ruling and the implications of Brexit.
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What this dot point is asking
The SQA wants you to explain the place of Scotland within the UK and to analyse the alternatives for how Scotland could be governed: the status quo (current devolution), further devolution, and independence. You should know the 2014 referendum result, the powers added by the Scotland Act 2016, the case for and against independence, the legal position after the 2022 Supreme Court ruling, and the implications of Brexit. This is a frequent -mark essay.
The answer
The 2014 referendum and the status quo
Further devolution: the Scotland Act 2016
The case for and against independence
Brexit and the legal position
Examples in context
The Scottish Child Payment is the clearest example of devolution in action: it was created using the welfare powers in the Scotland Act and shows Holyrood using new powers to pursue distinctively Scottish priorities on child poverty. The Supreme Court case is the key example of the limits of devolution: it confirmed that the constitution is reserved and that the UK Parliament retains ultimate control over whether a legal independence referendum can be held. Using both lets a Higher answer show devolution both empowering and constraining the Scottish Parliament.
Try this
Q1. Describe two powers given to the Scottish Parliament by the Scotland Act 2016. [4 marks]
- Cue. The power to set income tax rates and bands on earned income, and the power to top up or create benefits, which was used to introduce the Scottish Child Payment.
Q2. Explain why some people argue Scotland should become independent. [6 marks]
- Cue. The democratic deficit (getting UK governments Scotland did not vote for), full control of tax, welfare and foreign policy, and the chance to rejoin the EU after Scotland voted around per cent Remain in .
Exam-style practice questions
Practice questions written in the style of SQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
SQA Higher 201820 marksTo what extent is the current devolution settlement the best way to govern Scotland?Show worked answer →
A -mark essay: up to marks for knowledge and understanding and up to for analysis, evaluation, structure and a sustained conclusion.
KU marks come from describing the three options accurately: the status quo (devolution under the Scotland Acts , and ), further devolution or "devo-max", and independence. Real detail such as the Scotland Act giving Holyrood power over income tax rates and bands and some welfare powers (used for the Scottish Child Payment) earns credit.
Analysis and evaluation marks come from weighing the options against each other on the democratic deficit, economic risk and policy control. A sustained conclusion, for example that devolution balances self-government with security but leaves the democratic deficit unresolved, lifts the mark into the top band.
SQA Higher 202112 marksAnalyse the arguments in favour of Scottish independence.Show worked answer →
A -mark analysis question, roughly half KU and half analysis. Markers reward developed explanation of why each argument supports independence, not a bare list.
KU should cover the democratic deficit (Scotland sometimes getting UK governments it did not vote for), full control of tax, welfare, defence and foreign policy, and the Brexit argument that Scotland voted around per cent Remain yet was taken out of the EU.
Analysis marks come from explaining why these arguments are persuasive and acknowledging the counter-arguments on currency, the fiscal deficit and a possible hard border with the rest of the UK. A judgement on how strong the case is overall is the discriminator.
Related dot points
- The nature of the UK constitution, the sovereignty of the UK Parliament, the devolution settlement under the Scotland Acts, and the difference between reserved and devolved powers.
An SQA Higher Modern Studies answer on the UK constitution and devolution, covering the uncodified constitution, parliamentary sovereignty, the Scotland Acts, and the split between reserved powers held at Westminster and devolved powers held by the Scottish Parliament.
- The structure of the Scottish Parliament, the role of MSPs and the First Minister, how Bills become law, and the committee system that scrutinises the Scottish Government.
An SQA Higher Modern Studies answer on the Scottish Parliament, covering its structure at Holyrood, the role of MSPs, the First Minister and the Scottish Government, how a Bill becomes an Act through the three stages, and how committees scrutinise and hold ministers to account.
- The voting systems used in Scotland and the UK, including First Past the Post and the Additional Member System, their advantages and disadvantages, and how they affect representation and government formation.
An SQA Higher Modern Studies answer on representation and voting systems, comparing First Past the Post used at Westminster with the Additional Member System used for the Scottish Parliament, their advantages and disadvantages, and how each shapes proportionality, government formation and voter choice.
- The factors that influence voting behaviour, including social class, age, gender, geography, partisanship and the media, and how election campaigns and the conduct of campaigns shape how people vote.
An SQA Higher Modern Studies answer on the influences on voting behaviour, covering the long-term factors of class, age, gender, geography and partisanship, the rise of dealignment and issue voting, and how election campaigns, the media, TV debates, manifestos and social media shape how people vote.
- The ways citizens participate in democracy beyond voting, including joining parties and pressure groups, the difference between insider and outsider groups, the methods pressure groups use, and the factors that make them effective.
An SQA Higher Modern Studies answer on political participation and pressure groups, covering ways citizens take part beyond voting, the difference between insider and outsider groups, the methods groups use to influence decisions, and the factors that determine how effective a pressure group is.
Sources & how we know this
- SQA Higher Modern Studies Course Specification — SQA (2018)
- Scotland Act 2016 — UK Parliament (2016)