What is meant by the statement that the Court determines “devolution” issues?
Maples: “Devolution” is another feature of the Labour government’s constitutional reform, whereby devolved administrations, i.e., administrations with powers delegated by Parliament, have been established in Northern Ireland, Scotland and Wales. The Supreme Court now exercises the jurisdiction previously exercised by the Privy Counsel to determine disputes concerning the operation of these devolved powers. Such disputes primarily relate to compliance with the Human Rights Act. Editor: What effect has the development of the European Convention on Human Rights had on the decision to form the Court? Maples: There was a concern that the continued co-existence of the House of Lords’ legislative and judicial functions might run contrary to the tenets of the European Convention on Human Rights, such as the right to a fair trial. This concern seems somewhat far-fetched as it is hard to see any suggestion in the past that a litigant had not received a fair hearing in the Lords as a consequence
