Devolution

"Devolve" and "Devolved" redirect here. For other uses, see Devolution (disambiguation).

Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government. However, the power to make legislation relevant to the area may also be granted.

Devolution differs from federalism in that the devolved powers of the subnational authority may be temporary and ultimately reside in central government, thus the state remains, de jure unitary. Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any statute.

Federal systems, or federacies, differ in that state or provincial government is guaranteed in the constitution. Australia, Canada, India, Mexico and the United States have federal systems, and have constitutions (as do some of their constituent states or provinces). They also have territories, with less power and authority than a state or province.

Australia

The Australian Capital Territory refused self-government in a 1978 referendum, but was given limited self-government by a House of Assembly from 1979, and a Legislative Assembly with wider powers in 1988.

The Northern Territory of Australia refused statehood in a 1998 referendum. The rejection was a surprise to both the Australian and Northern Territory governments. The Northern Territory has its own parliament and Chief Minister, but any Territory legislation can be disallowed by the Commonwealth Parliament in Canberra, with one notable example being the NT's short lived voluntary euthanasia legislation.

Canada

Although Canada is a federal state, a large portion of its land mass in the North is under the legislative jurisdiction of the federal government. This has been the case since 1870. In 1870, the Rupert’s Land and North-Western Territory Order effected the admission of Rupert’s Land and the North-Western Territory to Canada, pursuant to section 146 of the Constitution Act, 1867 and the Rupert’s Land Act, 1868. The Manitoba Act, 1870, which created Manitoba out of part of Rupert’s Land, also designated the remaining territories the Northwest Territories (NWT), over which Parliament was to exercise full legislative authority under the Constitution Act, 1871.

Since the 1970s, the federal government has been transferring its decision-making powers to northern governments. This means greater local control and accountability by northerners for decisions central to the future of the territories. Yukon was carved from the Northwest Territories in 1898 but it remained a federal territory. Subsequently, in 1905, the provinces of Alberta and Saskatchewan were created from the Northwest Territories. Other portions of Rupert's Land were added to the provinces of Ontario and Quebec, taking the provinces from a narrow band around the St. Lawrence and lower Great Lakes northward. District of Ungava was a regional administrative district of Canada's Northwest Territories from 1895 to 1912. The continental areas of the District of Ungava were transferred by the Parliament of Canada with the adoption of the Quebec Boundary Extension Act, 1898 and the Quebec Boundaries Extension Act, 1912. The interior of Labrador which was believed part of Ungava was settled in 1927 by the British Judicial Committee of the Privy Council, which ruled in favour of Newfoundland.^[1]

In 1999, the federal government created Nunavut pursuant to a land claim agreement reached with Inuit, the indigenous people of Canada’s Eastern Arctic. The offshore islands to the west and north of Quebec remained part of the Northwest Territories until the creation of Nunavut in 1999.

Since that time, the federal government has slowly devolved legislative jurisdiction to the territories. Enabling the territories to become more self-sufficient and prosperous and to play a stronger role in the Canadian federation is considered a key component to development in Canada’s North. Among the three territories, devolution is most advanced in Yukon.

Northwest Territories

The Northwest Territories were governed from Ottawa from 1870 until the 1970s, except for the brief period between 1898 and 1905 when it was governed by an elected assembly. The Carruthers Commission was established in April 1963 by the government of Lester B. Pearson. The three-man membership was appointed in 1965. It conducted surveys of opinion in the NWT in 1965 and 1966 and reported in 1966. Major recommendations included that the seat of government of the territories should be located in the territories. Yellowknife was selected as the territorial capital as a result. Transfer of many responsibilities from the federal government to that of the territories was recommended and carried out. This included responsibility for education, small business, public works, social services and local government. Since the report, the transfer of the Government of Northwest Territories has taken over responsibilities for several other programs and services including the delivery of health care, administration of airports and forestry management. The legislative jurisdiction of the territorial legislature is set out in section 16 of the Northwest Territories Act.

In the past 30 years, the transfer of responsibilities to the Government of Northwest Territories has taken place for several programs and services including the delivery of health care, social services, education, administration of airports and forestry management.

Now, the Government of Canada is negotiating the transfer of the Department of Indian Affairs and Northern Development's remaining provincial-type responsibilities in the NWT. These include the legislative powers, programs and responsibilities for land and resources associated with the department's Northern Affairs Program (NAP) with respect to:

• powers to develop, conserve, manage and regulate of surface and subsurface natural resources in the NWT for mining and minerals (including oil and gas) administration, water management, land management and environmental management;
• powers to control and administer public land with the right to use, sell or otherwise dispose of such land; and
• powers to levy and collect resource royalties and other revenues from natural resources.

The Government of the Northwest Territories, the Aboriginal Summit and the Government of Canada have each appointed a Chief Negotiator to work on devolution. A Framework Agreement was concluded in 2004. The target date for the completion of devolution talks for the NWT was March 2007. However, stumbling blocks associated with the transfer of current federal employees to the territorial government, and the unresolved issue of how much money the Northwest Territories will receive for its resources has delayed the conclusion of a devolution agreement for the NWT.

Nunavut

In 1966, the federal government established the Carrothers Commission to look at the issue of government in the North. After extensive study and consultation, the Commission concluded that division of the NWT was probably both advisable and inevitable. There was a recognition that Northerners wanted to run their own affairs and must be given the opportunity to do so. At the same time, however, it noted that governmental reform was required before this could happen. It recommended the establishment of a new system of representative government. As a result, in the late 1960s and in the 1970s, the federal government gradually created electoral constituencies and transferred many federally run programs to the territorial government. Northerners took on more and more responsibility for the day-to-day running of their own affairs. In 1982, a plebiscite was held in the NWT asking the question, "Do you think the NWT should be divided?" Fifty-three percent of eligible voters participated in the plebiscite, with 56.4 percent of them voting "yes." Voter turnout and support for division was particularly strong in the Eastern Arctic. The Inuit population of the eastern section of the territory had become increasingly receptive of the idea of self-government. It was viewed as the best way to promote and protect their culture and traditions and address their unique regional concerns.

Both the NWT Legislative Assembly and the federal government accepted the idea of dividing the territory. The idea was viewed as an important step towards enabling the Inuit, and other residents of the Eastern Arctic, to take charge of their own destiny. There were some reservations, however. Before action could be taken, certain practical considerations had to be addressed. First of all, outstanding land claims had to be settled. Second, all parties had to agree on a new boundary. Finally, all parties had to agree on the division of powers between territorial, regional and local levels of government. The various governments and native groups worked closely together to realize these goals. The Nunavut Land Claims Agreement was ratified by the Inuit in November 1992, signed by the Prime Minister of Canada on May 25, 1993, and passed by the Canadian Parliament in June of the same year. It was the largest native land claim settlement in Canadian history. It gave the Inuit title over 350,000 square kilometres of land. It also gave the Inuit capital transfers from the federal government of over $1.1 billion over the next 14 years. This money will be held in trust with the interest to be used in a variety of different projects, including financing for regional businesses and scholarships for students. The Inuit also gained a share of resource royalties, hunting rights and a greater role in managing the land and protecting the environment. The land claims agreement also committed the Government of Canada to recommend to Parliament legislation to create a new territory in the eastern part of the Northwest Territories.

While negotiations on a land claims settlement progressed, work was also taking place to determine potential jurisdictional boundaries for a new Eastern Territory. A proposal was presented to all NWT voters in a May 1992 plebiscite. Of those voting, 54 percent supported the proposed boundary. The Government of the Northwest Territories, the Tungavik Federation of Nunavut (the Inuit claims organization) and the federal government formally adopted the boundary for division in the Nunavut Political Accord. The final piece of the equation fit into place on June 10, 1993, when the Nunavut Act received Royal Assent. It officially established the territory of Nunavut and provided a legal framework for its government. It fixed April 1, 1999, as the day on which the new territory would come into existence.

The Government of Nunavut is currently negotiating with the Government of Canada on a devolution agreement. Nunavut Tunngavik, the organization of Inuit of Nunavut, is also a participant to negotiations to ensure that Inuit interests are represented.

Devolution over natural resources to the Government of Nunavut moved forward with the appointment of a Ministerial Representative for Nunavut Devolution. The Representative has held meetings with interested parties including the Boards established under the Nunavut Land Claims Agreement (NLCA), territorial and federal government departments in order to determine if devolution will occur and if so the future mandate of devolution. The Government of Nunavut and Nunavut Tunngavik have appointed negotiators.

Yukon

In 1896 gold was discovered in the Yukon beginning of what is often considered the world's greatest gold rush which saw the population of the Yukon grow rapidly. Indeed, by 1898, Dawson grew into the largest Canadian city west of Winnipeg, with a population of 40,000. In response, the Canadian government officially established the Yukon Territory in 1898. The North West Mounted Police were sent in to ensure Canadian jurisdiction and The Yukon Act provided for a commissioner to administer the territory. The 1898 statute granted the Commissioner in Council “the same powers to make ordinances... as are possessed by the Lieutenant Governor of the North-west Territories, acting by and with the advice and consent of the Legislative Assembly thereof.” In 1908, amendments to the Yukon Act transformed the Council into an elected body.

Over time the territorial government exercised expanded functions. Relevant developments include the following:

By the mid-1960s, schools, public works, welfare and various other matters of a local nature had come under territorial administration.

Increased authority of elected Council members over the ensuing period contributed to significant changes in the Yukon Commissioner’s role. In 1979, instructions from the Minister of Indian Affairs and Northern Development (Minister) directed the Commissioner to allow elected members and the Executive Council to make important policy decisions, specifying that his actions should normally be based on the advice and taken with the consent of the elected Executive Council.

Like in the Northwest Territories, federal responsibilities were transferred to the Yukon government in the 1980s. In 1988, the Minister and the Yukon Government Leader signed a Memorandum of Understanding committing the parties to smooth the progress of devolution of remaining province-like responsibilities to the Yukon Government. Responsibilities transferred since then include fisheries, mine safety, intra-territorial roads, hospitals and community health care, oil and gas and, most recently, natural resources.

Discussion to transfer land and resource management responsibilities to the Yukon Government began in 1996, followed by a formal federal devolution proposal to the Yukon Government in January, 1997. In September 1998, a Devolution Protocol Accord to guide devolution negotiations was signed. On August 28, 2001 a final draft of the Devolution Transfer Agreement was completed for consideration. The Yukon Devolution transfer Agreement was concluded on October 29, 2001 with the Government of the Yukon enabling the transfer of remaining province-like responsibilities for land, water and resource management to the Government of the Yukon on April 1, 2003.

Mexico

The Federal District

All constituent states of Mexico are fully autonomous and comprise a federation. However, the Federal District, originally integrated by Mexico City and other municipalities, was created in 1824 to be the capital of the federation. As such, it was governed directly by the central or federal government and the president of Mexico appointed its governor or executive regent. Even though the municipalities within the Federal District were autonomous, their powers were limited. In 1928, these municipalities were abolished and transformed into non-autonomous delegaciones or boroughs and a "Central Department", later renamed as Mexico City. In 1970 this department was split into four new delegaciones, and Mexico City was constitutionally defined to be synonymous and coterminous with the entire Federal District.^[2] (As such, the boroughs of the Federal District are boroughs of Mexico City).

In the 1980s, the citizens of the Federal District, being the most populated federal entity in Mexico, began to demand for home rule; a devolution of autonomy in order to directly elect their head of government and to set up a Legislative Assembly. In 1987, an Assembly of Representatives was created, by constitutional decree, whose members were elected by popular vote. The devolution of the executive power was not granted until 1997 when the first head government was elected by popular vote. Finally, in 2000, power was devolved to the delegaciones, though limited: residents can now elect their own "heads of borough government" (jefes delegacionales, in Spanish), but the delegaciones do not have regulatory powers and are not constituted by a board of trustees, like the municipalities of the constituent states.

The autonomy, or home rule, of the Federal District, was granted by the federal government, which in principle, has the right to remove it. The president of Mexico still holds the final word in some decisions (e.g. he must approve some posts), and the Congress of the Union reviews the budget of the Federal District and sets the limit to its debt.^[3]

Some left-wing groups and political parties have advocated, since the 1980s, for a full devolution of powers by transforming the Federal District into the thirty-second constituent state of the Federation (with the proposed name of "State of the Valley of Mexico", to be distinguished from the state of México. Another proposed name is "State of the Anahuac").

Indigenous peoples

In a recent amendment to the Constitution of Mexico, the country was defined as a "pluricultural nation" originally founded upon the "indigenous peoples".^[4] They are granted "free-determination" to choose the social, economical, cultural and political organization for which they are to elect representatives democratically in whatever manner they see fit, traditionally or otherwise, as long as women have the same opportunities to participate in their social and political life. There are, however, no prescribed limits to their territories, and they are still under the jurisdiction of the municipalities and states in which they are located; the indigenous peoples can elect representatives before the municipal councils. In practice, they are allowed to have an autonomous form of self-government, but they are still subject to the rights and responsibilities set forth by the federal constitution and the constitution of the states in which they are located.

France

Main article: Décentralisation

In the late 1980s a process of decentralisation was undertaken by the french government. Initially regions were created and elected regional assemblies set up. Together with the departmental councils these bodies have responsibility for infrastructure spending and maintenance (Schools and highways) and certain social spending. They collect revenues through property taxes and various other taxes. In addition a large part of spending is provided by direct grants to such authorities.

Local government spending in France represents 19% (189 billion euros) of total government spending.

Spain

Main article: Nationalities and regions of Spain

The Spanish Constitution of 1978 granted autonomy to the nationalities and regions of which the Kingdom of Spain is composed. (See also autonomous communities and cities of Spain)

United Kingdom

Main article: Devolution in the United Kingdom

In the United Kingdom, devolved government was created following simple majority referenda in Wales and Scotland in September 1997. In 1998 the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly were established by law. England was left un-devolved. In addition to the newly established assemblies of Wales and Scotland much spending is devolved to the councils and shires of the United Kingdom. In addition to taxes collected locally the government provides grants for services such as the police, fire service and ambulance service which are under the authority of local elected government.

Local government spending in 2010 represented 25.6% of total government spending or 173 billion £^[5].

United States

See also: Home Rule in the United States

District of Columbia

Main article: District of Columbia home rule

In the United States, the District of Columbia offers an illustration of devolved government. The District is separate from any state, and has its own elected government; in many ways, on a day-to-day basis, it operates much like another state, with its own laws, court system, Department of Motor Vehicles, public university, and so on. However, the governments of the 50 states have a broad range of powers reserved to them by the U.S. Constitution, and most of their laws cannot be voided by any act of U.S. federal government. The District of Columbia, by contrast, is constitutionally under the sole control of the United States Congress, which created the current District government by statute. Any law passed by the District legislature can be nullified by Congressional action, and indeed the District government could be significantly altered or eliminated entirely by a simple majority vote in Congress.

The states

See also: Municipal corporation

In the United States only the federal government, state governments, and federally recognized American Indian tribal nations are recognized by the United States Constitution, so local governments are subdivisions of states. Theoretically, a state could abolish all local governments within its borders.

Local governments such as municipalities, counties, parishes, boroughs, school districts, and other types of local government and political subdivision entities are devolved. They are established, regulated, and subject to governance by the constitutions or laws of the state in which they reside. Many local governments are given some degree of home rule, depending on the state. U.S. state legislatures, in most cases, have the power to change laws that affect local government structures. In some states, the governor may also have power over local government affairs.

Fort Hall Indian Casino, Idaho, USA.
Gambling is allowed within Native American reservation lands.

Movements calling for devolution

Movements calling for devolution also exist, to a more limited degree, in England. The Campaign for an English Parliament (CEP) was formed in 1998 as a direct consequence of Scotland and Wales being given devolution referenda and England being left out. The CEP is largely responsible for putting English devolution on the political and social agenda. There is a regional devolution movement in Cornwall and Yorkshire as well as some unofficial or historic English Regions such as Wessex and Mercia although these groups command very little support and are very much on the fringe of local politics

In Northern Italy, there is a political movement led by the Lega Nord, for the home rule of Padania. In France, there are groups calling for devolution or full independence for Occitania, the Basque Country, Alsace, and Brittany.

List of unitary states with devolution

State	Government Type	Subdivisions article
France	Republic	Regions of France	27 regions (with limited autonomy)	6 regions with special degree of autonomy (regions d'outre mer)
Italy	Republic	Regions of Italy	15 regions (with limited autonomy)	5 regions with special degree of autonomy (regioni a statuto speciale)
Papua New Guinea	Constitutional Monarchy	Provinces of Papua New Guinea and Regions of Papua New Guinea	18 provinces	1 autonomous region & 1 capital territory
Peru	Republic	Regions of Peru	25 regions	1 province at the first order
Solomon Islands	Constitutional Monarchy	Provinces of the Solomon Islands	9 provinces	1 capital territory
Spain	Constitutional Monarchy	Communities of Spain (nationalities and regions of Spain)[6]	17 autonomous communities	2 autonomous cities
United Kingdom	Constitutional Monarchy	Countries of the United Kingdom	4 constituent countries, of which 3 have devolved governments
Kenya	Presidential Republic	Counties of Kenya	47 counties based on 47 districts recognized by law

Other meanings of the term devolution

In some hierarchical churches, especially Anglican churches including the Church of England, devolution is a bishop's appointment of a person to a benefice (e.g. a parish) when the ordinary patron or collator (i.e. the person or body with the right to appoint) has failed to do so, either because an improper candidate has been nominated or because no candidate could be found

Cardinal Albino Luciani, also known as Pope John Paul I, was the author of initiatives such as the devolution of one per cent of each church's entries for the poor churches in the Developing World.

Under United States estate tax provision, "devolution" may occur when a deceased obtains "incidents of ownership" under the Estate Tax Regulation 20.2042-1(c)2 in a fiduciary capacity from an independent transaction creating a trust for benefit of another party. See IRC 2042 & Revenue Ruling 84-179 example.

See also

• Decentralisation
• Federalism in China; tiao-kuai
• Home rule
• Principle of conferral
• Royal Commission on the Constitution (United Kingdom)
• Scotland Bill 2010-11
• Subsidiarity
• West Lothian question

Notes

1. ^ of Ungava
2. ^ Article 44, Political Constitution of the United Mexican States, Second Title, Second Chapter, 44rd article
3. ^ Código Financiero del Distrito Federal
4. ^ Second Article of the Political Constitution of the United Mexican States
5. ^ http://www.ukpublicspending.co.uk/uk_year2010_0.html
6. ^ According to the Spanish Constitution.

External links

• Economic and Social Research Council Devolution and Constitutional Change research programme
• An Article from the BBC describing the transfer of powers from the UK Parliament to the Welsh Assembly