Examine/Analyse The Differences

Between Devolution and Federalism.

This Plan Is Part Of A Package Of 12 Markers Covering The US Government and Politics Part Of
The Government and Politics A Level Course For The Edexcel Exam Board. It Can Be Purchased
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Keep In Mind ➡️
In the exam, you only need to use the comparative theory for the second 12
marker you do, starting with ‘analyse’. In this question, you also only need to use a comparative
once (though we recommend doing it twice).

Keep In Mind ➡️
These plans are also long and you need to work out how much of them you can
write within the timing. Some students will be able to include everything, but most will have to
cut out some of the detail/examples. You can still get full marker even when doing so.

Paragraph One
Point Of Difference

One key difference between devolution and federalism is whether the power held by the
states/devolved bodies is permanent and protected in the constitution.

Federalism

Federalism in the US is established in the constitution through the 10th amendment, which
explicitly reserves powers not delegated to the federal government to the states or the people.

This ensures that federalism and the powers of states are protected and legally binding.
Changes to federalism could only be made through the formal amendment process, which
requires 3/4 of state legislatures to consent, ensuring that states’ power couldn’t be removed
against their will.

Devolution

Examine/Analyse The Differences Between Devolution and Federalism. (12) Politics Explained 12 Marker Plan 1
 Devolution, by contrast isn’t permanently protected in the constitution due to parliamentary
sovereignty and the way in which it was established.

Power was granted to the devolved parliaments by the UK Parliament in acts including the
Scotland Act 1998 and Government of Wales Act 1998. Due to parliamentary sovereignty and
the unentrenched constitution in the UK, these powers could be reclaimed by the UK Parliament
by revoking the act.

Devolution is therefore no permanent or protected like federalism is in the US.

Comparative Theory

This can be explained by the structural theory, as federalism is strongly protected due to the
codified and entrenched nature of the constitution in the US, whilst devolution isn’t because the
UK constitution is uncodified, unentrenched and based on the principle of parliamentary
sovereignty.

Paragraph Two
Point Of Difference

Another important difference between federalism and devolution is whether the distribution of
power among regions is symmetrical or asymmetrical.

Federalism

In the United States, the Constitution guarantees that every state has equal authority in areas
such as education, law enforcement, and local taxation.

Even though policies may differ between states, they have equal power to determine policy.

The Tenth Amendment reinforces this by reserving all powers not delegated to the federal
government to the states or the people, ensuring a balanced and equal distribution of power
across all states

Devolution

Devolution, by contrast, is asymetrical, with different regions having different degrees of

Scotland has primary legislative control over health, education, and justice, and significant
fiscal autonomy, including setting income tax rates and bands.

Though Wales also has substantial control over public services, it does not have control over
justice and policing and has limited fiscal autonomy (it can only very income tax rates by 10p in
the pound) compared to Scotland, whilst England doesn’t have a Parliament at all.

England has devolved bodies in the form of city regions, including the North East and
Greater Manchester, but even these don’t have primary legislative control.

This can be seen as undermining equal citizenship and access to democracy in the UK, due to
some areas having more local control than others, which is not a problem in the US due to the
symmetry of federalism.

Comparative Theory

The difference can be explained by cultural theory, in particular due to the different historical
contexts.

Examine/Analyse The Differences Between Devolution and Federalism. (12) Politics Explained 12 Marker Plan 2
 Federalism’s symmetry was influenced by the fact that the US was founded by the thirteen
already established colonies coming together into one nation and not accepting different
powers.

By contrast, devolution’s asymmetry reflects the fact that devolution was established in 1997
and 1998 at a point where Scotland’s sense of national identity was much greater than that of
Wales or England.

Paragraph Three
Point Of Difference

A final key difference between devolution and federalism is whether the laws passed by
states/devolved bodies can be blocked by the central government, even if they are not
unconstitutional.

Federalism

In the United States, state laws are protected by the Constitution, specifically through the Tenth
Amendment, which reserves powers not delegated to the federal government to the states or
the people.

This means that state laws cannot be arbitrarily blocked by the federal government; they
are only subject to challenge if they are deemed unconstitutional by the judicial system.

In 2023, California passed ‘Proposition 12’, an animal-welfare law that mandates that pork
products sold in the state come from pigs with at least 24 square feet of living space. It was
challenged on the grounds that it discriminates against other states under Congress’ powers
under the Commerce Clause, but the Supreme Court upheld it, ruling that it doesn’t and that it is
in California’s power as it serves their animal welfare concerns.

Devolution

By contrast, laws passed by devolved bodies in the UK can be blocked or overridden by the
central government, reflecting the principle of parliamentary sovereignty.

This means that even if a law is within the devolved body’s competence, it can be halted if
the UK government deems it necessary to protect UK-wide legislation.

In January 2023, the UK government used a Section 35 order to block the Scottish Gender
Recognition Reform Bill, arguing that it would have an adverse impact on UK-wide equality
legislation. This demonstrates how devolved laws can be blocked by the central government,
even if they are not unconstitutional, as parliamentary sovereignty means that the UK
Parliament retains ultimate power.

Comparative Theory

This can be explained by the structural theory.

Federalism in the US is underpinned by a codified and entrenched constitution, which provides

By contrast, devolution in the UK operates within an uncodified and unentrenched constitutional

Examine/Analyse The Differences Between Devolution and Federalism. (12) Politics Explained 12 Marker Plan 3
 Other Possible Questions To Practice Adapting This
Plan To Answer
Examine/Analyse the differences between the powers of devolved bodies and states. (12)

Examine/Analyse the constitutional differences between federalism and devolution. (12)

Examine/Analyse the differences between the UK and US Constitutions. (12)

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Examine/Analyse The Differences Between Devolution and Federalism. (12) Politics Explained 12 Marker Plan 4