National 5 Modern Studies SQA

Democracy in Scotland: Power and Decision-Making

The Scottish Parliament

• The Scottish Parliament is a devolved legislature that governs Scotland's affairs on devolved matters.
• It has 129 Members of the Scottish Parliament (MSPs) elected for four-year terms in a mixed-member proportional representation system.
• The parliament has been in operation since July 1999, after a Scotland-wide vote in 1997.
• It holds the power to make laws on devolved matters such as education, health, and justice.
• The Scottish Government, led by the First Minister, is accountable to the Scottish Parliament.
• The First Minister is the leader of the party or coalition with the most seats in Parliament.

Devolution of Powers

• Devolution is the transfer of powers from a central government to a regional or local authority.
• Devolution in Scotland came as a result of the Scotland Act 1998, which established the Scottish Parliament.
• Devolved matters include health, education, justice, rural affairs, housing.
• Matters reserved to the UK Parliament include defence, foreign policy, and constitutional matters.
• Issues such as the economy, welfare and energy are shared matters between the Scottish and UK Parliaments.

The Role of MSPs

• MSPs have many roles including representing their constituents, making laws in the Scottish parliament, and scrutinising the work of the Scottish government.
• They work in Parliament, committees and their own constituencies.
• Most MSPs belong to a political party but some are independent.
• The Presiding Officer is an MSP elected by other MSPs to chair proceedings in Parliament.

The Scottish Government

• The Scottish Government includes the First Minister, Ministers and law officers.
• It has responsibility for certain areas of policy as agreed in the Scotland Act.
• It proposes new laws and manages the implementation of existing laws.
• It controls a budget which is approved by Parliament to deliver its policies in devolved areas.

Judiciary in Scotland

• The legal system in Scotland is separate from those of England and Wales with its own court structure and legal system.
• The highest court of appeal in Scotland is the Supreme Court of the United Kingdom.
• Courts in Scotland are separated into three categories: sheriff courts, court sessions and the High Court of Justiciary.
• The Lord President is the senior judge in Scotland and presides over the Court of Session.

Role of Civil Society

• Civil society groups, including charities, community groups, and trade unions, play a significant role in Scottish affairs.
• They can scrutinize government actions, engage in policy debate, and provide representation for diverse interest groups.
• Such groups can influence political strategies and lobby for changes in existing laws.