How is power shared between Westminster and the Scottish Parliament?
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.
Reviewed by: AI editorial process; not yet individually human-reviewed
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What this dot point is asking
The SQA wants you to explain the nature of the UK constitution, describe how devolution shares power between Westminster and the Scottish Parliament, and distinguish clearly between reserved and devolved powers using accurate examples. It supports -mark essays on whether devolution gives Scotland meaningful power.
The answer
The UK constitution
The UK constitution draws on several sources: statute law (Acts of Parliament), common law (judges' decisions), conventions (long-standing unwritten practices) and works of authority. Because it is uncodified, it can be changed by an ordinary Act of Parliament rather than a special amendment process.
Devolution and the Scotland Acts
Devolution followed the referendum, in which Scots voted Yes to a Scottish Parliament and Yes to it having tax-varying powers. The Scotland Act created the Scottish Parliament and the Scottish Government. Two later Acts expanded its powers:
- The Scotland Act gave the Parliament a Scottish rate of income tax and powers over stamp duty and landfill tax.
- The Scotland Act , following the independence referendum and the Smith Commission, devolved further powers over income tax rates and bands, some welfare benefits, and abortion law.
Reserved and devolved powers
The Scottish Parliament can legislate only on devolved matters; a Bill that strays into reserved areas can be challenged in the courts. Because Westminster keeps sovereignty, the devolution settlement could in principle be altered by Westminster, a key difference from a federal system like the USA where state powers are constitutionally guaranteed.
Examples in context
The contrast with the USA sharpens the point: a US state's powers are protected by the codified constitution and cannot simply be removed by Congress, whereas the Scottish Parliament's powers rest on Acts that Westminster could in theory amend. In practice the Sewel convention means Westminster does not normally legislate on devolved matters without Holyrood's consent, but as a convention it is not legally binding, as disputes over post-Brexit powers showed. These examples let a Higher answer evaluate how secure, and how meaningful, devolved power really is.
Try this
Q1. Describe two features of the UK constitution. [4 marks]
- Cue. It is uncodified (not in one document) and based on parliamentary sovereignty, drawing on statute, common law and conventions.
Q2. Explain the difference between a reserved power and a devolved power, with an example of each. [4 marks]
- Cue. Reserved powers stay at Westminster (for example defence); devolved powers are decided in Scotland (for example health).
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 202020 marksTo what extent has devolution given the Scottish Parliament meaningful power over Scottish affairs?Show worked answer →
A -mark essay: up to marks for knowledge and understanding and up to for analysis, evaluation and a sustained conclusion.
KU marks come from describing devolution accurately: the Scotland Act creating the Parliament, the extensions in the Scotland Acts and , and the list of devolved powers (health, education, justice, much tax) against reserved powers (defence, foreign affairs, immigration, the constitution).
Analysis and evaluation marks come from judging how meaningful that power is: substantial control over public services and some tax and welfare, but Westminster sovereignty means the settlement could be altered and major levers stay reserved. A sustained "to what extent" judgement is the discriminator.
SQA Higher 201812 marksAnalyse the difference between reserved and devolved powers in the UK.Show worked answer →
A -mark analysis question, roughly half KU and half analysis. Markers reward accurate categorisation and explanation of why the split matters.
KU should give correct examples on each side: devolved (health, education, justice, policing, environment, much income tax) and reserved (defence, foreign affairs, immigration, the constitution, most welfare).
Analysis marks come from explaining why the distinction matters: the Scottish Parliament can legislate only on devolved matters, a Bill straying into reserved areas can be challenged, and because Westminster stays sovereign the line is not constitutionally fixed as it would be under federalism.
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Sources & how we know this
- SQA Higher Modern Studies Course Specification — SQA (2018)