Is Britain now a federal state?

欧碧蓝

Whether the UK is movingtowardsa federal state is the source of much debate. Since the Scottish devolution in 1999， the new system has been described as quasi-federal by researchers such as Vernon Bogdanor （1999）， Peter John （2011） and David Torrance （2015）. However， it seems that devolution is not an effective way to solve the conflicts between Scottish parliament and the British parliament， and even results in the ‘West Lothian question （Tam Dalyell， 2000）. Some researchers such as David Marquand（2006）， Andrew Blick （2015） and statesmen such as Boris Johnson （2015） and Kenny MacAskill （2016） started to recognise federalism as a new settlement of British constitutional problems. The calling for federalism from public is increasing as well， and some commentators such as Lianna Brinded （2015） even claimed that Britain was virtually moving towards federalism.

However， this issue has changed rapidly in the context of Scottish Independence Referendum and Brexit. It is needed to reconsider the previous debates combined with new reality. Therefore， this essay will define ‘now in question as the period from 2014 to 2018， explain why Britain is not a federal state， and indicate that it is unlikely to become a federal state in near future.

In order to demonstrate this， the essay will first discuss the definition of ‘federal state and ‘federalism， and discuss the differences and connections between them. Secondly， the characteristics and requirements of federal state will be analysed and compared with Britain to demonstrate Britain now is not a federal state. Finally， the essay will analysethe prospect of British politics through two aspects as possibility and necessity to answer why it is less likely to become a federal state.

THE CONCEPTS OF FEDERALISM AND FEDERAL STATE

Federalism， according to John Law （2013）， is a form of government in which there is a division of powers between two levels of government of equal status; federal state is a single state political system in which there is a division of powers between two levels of government of equal status. John O. Kalu and Dov Bing （2016） revealed the connection between them： a federal state should operate a federal constitution and also remain reliant on federalism as the means of governance.

John O. Kalu and Dov Bing （2016） also pointed out three characteristics of federal state： （1） federal state firstly aims to reinforce the quest for union and desire for diversity. （2） Each government in a federal state is independent in its own sphere as established in the constitution and also cooperates in the general sphere. （3） No government can overrun or pull out of the partnership in a federal state， unless mutually agreed. According to Robert A. DAHL （1986）， certain local units have the competence of jurisdiction in certain matters， which are constitutionally beyond the scope of the authority of the national government. Besides， a guarantee of the autonomy of each government is necessary in federal state （William H. Riker， 1964; ArendLijphart， 1984）.

Therefore， requirements of federal state can be distilled from these definitions： （1） division of powers （2） equal status between different levels of government （3） codified constitutions to assign jurisdictional authority.

BRITAIN NOW IS NOT A FEDERAL STATE

Britain cant be regarded as a federal state as it cannot fully meet the above requirements. Firstly， it doesnt show the equality of status. According to one of the attributions of equality of status （John Law， 2013）， the regional governments should have constitutional independence， while in Britain the regional governments are subordinate to the central government. For example， according to Scottish Act， Scottish parliament has a relatively wide range of legislative powers. However， these powers could be amended by the UK Parliament unilaterally （Stephen Tierney， 2015）. The central parliament virtually retains the power to legislate on key issues， and also set up multiple review mechanisms to prevent Scotland from overreach legislation. Therefore， John Law （2013） clarified Britain as a simply developed government， instead of a federal state as the US.

Secondly， the British does not have written constitutions to stipulate jurisdictional authority， which require super-majorities in parliament， special conventions， or even popular referendum for their alteration. Although a series of ordinary laws have been introduced in Britain since the 20th century， they may be subject to change as parliament changes its collective mind. This is the main distinction between federalism and the mere decentralisation or devolution of power according to Jeffery Kahn （2013）. Britain now is closer to the system of devolution power， under which a parliament granting greater authority to lower levels of government retains the legal right to revoke those powers at a later date （Vernon Bogdanor， 1999）.

BRITAIN IS LESS LIKELY TO BECOME A FESERAL STATE IN THE NEAR FUTURE

As A. V. Dicey （1885） observed， the principle of the supreme sovereignty of parliament is contradictory to federalism. The British parliamentary sovereignty， however， may be strengthened once Brexit is completed， since the British parliament can assert the authority transferred to the EU. On November 13th， British Prime Minister， Theresa May， claimed that a preliminary agreement on Brexit was reached and was approved by the Cabinet， which means Brexit has marched into the final stage. Therefore， with the increasing power of decision-making and legislation， the parliamentary sovereignty may be steadier in the future. It would be harder for Britain to transfer to a federal state.

Secondly， the central government adjusted its devolution strategy for Scotland after the Brexit referendum. For the purpose of preventing regional parliament from interfering， Scotland has a say in internal discussions such as how to attain more rights from the EU， but cannot affect the decision of British parliament. For example， the Scottish parliament voted against the Article 50 of Lisbon Treaty in a high rate （90：34）; however， this result was seen as invalid due to the verdict of High Court. The central government started to contrast the devolution， which may be an alternative measure to federalism （Weili， 2018）.

Thirdly， the public willingness about independence seems swing. A pull held by Daily Record in July 2018 showed that 49% of Scottish against second independence referendum and 19% do not think it should be made as soon as in the autumn. This data reveal that the pace of Scottish independence may slow down， lessening the pressure of converting to federalism.

Finally， as a conservative country， Britain attaches great importance to tradition. This character can be seen from the devolution in past decades， which was slow and gradual. As long as the principle of parliamentary sovereignty is not legally abolished， the supremacy of the British parliament will at least remain legally. Challenging the parliamentary sovereignty is irreversible， but it would be unrealistic to abolish it immediately.

CONCLUSION

In conclusion， due to the subordinate relations among governments and the absence of written federal constitutions， Britain now cannot be defined as a federal state. Meanwhile， it is less likely to become a federal state in near future because of a stronger British parliament， the shifting devolution strategy of central government， the changing mind of Scottish and the conservative tradition of Britain. However， federal state may require shared requirements， but the flexibility of federalism should also be accounted. It is worth to study whether it is possible for Britain to achieve federalism despite the existing rules and create a new form of federal state.

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