| Dictionary: home rule |
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| Britannica Concise Encyclopedia: Irish Home Rule |
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| British History: Irish Home Rule |
From the formation of the Home Government Association, led by Isaac Butt, in 1870, Home Rule became the ill-defined term representing the demands of the constitutional nationalists. Its origins lay in Daniel O'Connell's Repeal Movement of the 1840s: like O'Connell, Home Rulers between 1870 and 1918 never made clear precisely what form amendment of the Act of Union 1800-1 should take. There was agreement that the movement's tactics should be based on winning concessions from the British Parliament by influencing British MPs and by building up effective Irish representation in the Commons. Butt's embryonic party and his leadership, however, proved ineffective during the 1870s. From 1881 the movement entered upon its most successful period under the charismatic and autocratic leadership of Charles Stewart Parnell. Through his leadership of the Irish Land League, Parnell was able to provide mass popular backing for Irish MPs. Parnell took advantage of Gladstone's dependence on the Irish Party for the survival of his government to influence him to introduce the first Home Rule Bill 1886. The bill allowed for only limited devolution: the British government was to retain control over security, foreign policy, and financial institutions. Though the bill failed to pass the Commons, it represented a triumph for Irish nationalism and an acknowledgement that Ireland could govern itself. From 1886 and with the advent of a new Conservative government, Parnell's party lost much influence and unity collapsed over Parnell's involvement in the O'Shea divorce case in 1890. In 1893 Gladstone introduced a second Home Rule Bill, which was soundly defeated in the House of Lords. Between 1893 and 1910 more limited forms of self-government were considered by Tory and Liberal governments and the growth of cultural nationalism in Ireland challenged the hegemony of the parliamentary party. A constitutional crisis, caused by reform of the House of Lords 1910-11, resulted again in a minority Liberal government, dependent on the Irish Parliamentary Party, and led to the introduction of a third Home Rule Bill. The years 1912-14 produced a great test for the Home Rule cause in British politics, with fierce Ulster resistance, backed up by the Tory Party. By 1914 and the final stages of the bill, civil war threatened with the option of partition, temporary or permanent, as the only alternative. When the First World War intervened, the Home Rule Bill was on the statute book, but was suspended for the duration of the war. Following the Easter Rising, Lloyd George made another attempt to achieve a settlement, which again foundered on the partition question. By the end of 1918 the situation was transformed by the collapse of the Irish Parliamentary Party and Sinn Fein's demand for a settlement considerably in advance of Home Rule. The Government of Ireland Act 1920-1 attempted a Home Rule settlement, with separate north-east and southern parliaments: ironically it was the loyalist Northerners who accepted the offer. The consequences of Home Rule's failure are still felt on both sides of the Irish Sea.
| US History Encyclopedia: Home Rule |
Home Rule is the principle or practice of self-government by localities. The U.S. Constitution makes no mention of local jurisdictions, so a state legislature must grant a city or county a charter, or the right to draft its own charter, to create a structure and powers for local government. Into the nineteenth century most American towns and counties functioned in the English tradition of local self-government on most matters, often by establishing municipal corporations empowered to provide public services and regulate local economic matters. As urban populations expanded with immigration and industrial development, many municipal governments found their ability to deliver services such as fire and police protection overwhelming and the process of awarding city contracts (especially in public utilities) increasingly corrupt. State legislatures, many still dominated by rural and agricultural interests, were often unresponsive, and boss-run political machines entered the void in many big cities. Reformers calling for "good government" promoted home rule as one remedy, theorizing that government closest to the people would hold public officials accountable and eliminate corrupt and inefficient politics from the businesslike formation of effective policy. The Missouri Constitution of 1875 included the first state provision of the right of municipalities to draft their own charters, and many states followed suit throughout the Progressive Era. A version of this "home rule movement" for counties gained some momentum in the mid-twentieth century, but only 129 of more than 3,000 counties ever adopted any kind of charter.
The specific character of home rule varies by state. As of 2000, forty-six states allowed some form of home rule for municipalities (the exceptions being Alabama, Hawaii, Nevada, and New Hampshire) and thirty-seven for counties. Thirty-seven states provide for structural home rule, permitting communities to incorporate and create local governments, while thirty-one allow functional home rule, in which city or county governments may exercise power in such areas as public works, social services, and economic development.
Advocates of the expansion of home rule claim that local control makes government more responsive, allows for flexible and innovative approaches to local problems, and relieves state legislatures of parochial issues. Detractors emphasize, however, that few issues are strictly local in nature, especially as the populations of central cities decline and metropolitan areas become more important. Enhanced local autonomy may hinder cooperation among neighboring localities and exacerbate tensions over policies involving overlapping state-local jurisdictions, especially in the areas of taxation and public spending.
The nation's capital is a special case of the home rule question, as the governance of Washington, D.C., sometimes involves conflicts between local and national interests. An elected city council and/or mayor governed Washington for much of the nineteenth century, until Congress took direct control of legislation for the District for a century starting in 1874. The limited home rule charter governing the District since 1974 allows an elected mayor and council to make laws for local affairs but reserves veto powers to Congress, even though citizens of Washington have no voting representative in the national legislature. A constitutional amendment to grant full home rule for the District failed in 1978, reflecting the stalled aspirations of home rule advocates nationwide.
Bibliography
Harris, Charles Wesley. Congress and the Governance of the Nation's Capital: The Conflict of Federal and Local Interests. Washington, D.C.: Georgetown University Press, 1995.
Krane, Dale, Platon N. Rigos, and Melvin B. Hill Jr. Home Rule in America: A Fifty-State Handbook. Washington, D.C.: CQ Press, 2001.
| Columbia Encyclopedia: Home Rule |
Origins of the Home Rule Movement
A basic theme in the history of Ireland through the centuries of English dominance was the desire for control over its domestic affairs. The modern Home Rule movement began in 1870 under the leadership of Isaac Butt, whose program appealed most strongly to the Irish middle classes. The long agricultural depression beginning in 1873 increased economic stimulus for Home Rule, and under the leadership of Charles Stewart Parnell the movement gained support from the agricultural laborers and erstwhile members of the Fenian movement. In this period only a minority had recourse to violence, and Parnell disavowed the murder of two British officials in Dublin in 1882 (see Phoenix Park murders).
The First Home Rule Bill
In 1886, William Gladstone committed the Liberal party to Home Rule. His bill of 1886 would have established a separate Irish legislature, while reserving many powers, including taxation, to the British Parliament at Westminster. The bill failed to pass, and the incoming Conservative government developed a policy of land reform (see Irish Land Question) to mollify the Irish. The unity of the Irish party in Parliament collapsed after Parnell was ruined by a divorce scandal in 1890.
The Second Home Rule Bill
In 1893 the Liberals passed the Second Home Rule Bill in the House of Commons, providing a bicameral legislature for purely local matters and Irish representation at Westminster to vote on Irish taxation. While unsatisfactory to Home Rule advocates, the bill was, nevertheless, defeated in the House of Lords. Advocates of constitutional means to Home Rule began to lose ground to republicans and revolutionaries. The ideals of an increasingly self-conscious Irish people, expressed by the Gaelic League and Irish Ireland culminated in the founding (c.1900) of Sinn Féin. The Irish Council Bill of 1907, which was to establish a purely Irish body to direct the spending of Irish tax proceeds, failed to pass because of Irish dissatisfaction with the plan.
The Third Home Rule Bill
In 1912 the Third Home Rule Bill passed the House of Commons. The most notable difference from the bill of 1893 was that it would have eventually given control of the police to Ireland. A tremendous outcry arose in Protestant Ulster, which feared Roman Catholic domination. Private armies-the Ulster Volunteers (in the North) and the Irish Volunteers (in the South)-were raised, and civil war threatened if the bill became law. In 1914, Commons again passed the bill, but the House of Lords excluded Ulster from its provisions. The Commons voted to allow Ulster to vote itself out of Home Rule for six years. At the outbreak of World War I the bill was passed once again with the proviso that it should not go into effect until after the war. The law never took effect.
The Irish Free State and the Fourth Home Rule Bill
By this time Irish labor leaders like James Connolly had been drawn into the struggle, and Irish radicalism-along with impatience and doubts as to Britain's good faith-brought about the Easter Rebellion of 1916. In 1918, S Ireland elected to Parliament only Sinn Fein members pledged to republicanism instead of Home Rule. These members did not go to Westminster; they set up their own Irish assembly, the Dáil Éireann, which declared Ireland independent. There followed a period of guerrilla war between the nationalist Irish Republican Army (IRA) and a force of British irregulars known as the Black and Tans.
In 1921 the British government entered into negotiations with the de facto Irish government headed by Eamon De Valera. The Irish Free State, with dominion status, was created by an Anglo-Irish treaty in 1921. Remaining ties with Great Britain were gradually discarded (see Ireland, Republic of). The six counties of Northern Ireland (see Ireland, Northern) remained part of the United Kingdom, their government established under the provisions of the Fourth Home Rule Bill of 1920, which was rendered void in the South by the establishment of the Irish Free State. The continued British presence in Northern Ireland was abhorrent to Irish nationalists, but except for scattered IRA terrorism, the issue was dormant until Protestant repression led to revived militant nationalism among Northern Ireland's Catholics.
Home Rule in Contemporary Northern Ireland
Escalating violence between Protestants and Catholics and an intensive campaign of terror by the IRA caused the British cabinet to suspend the Northern Ireland government in 1972. A new government was established in 1973, in which the Roman Catholics shared power with the Protestant majority for the first time and provision was made for increased cooperation with the Republic. However, Protestant pressure brought about the resumption of direct British rule of Northern Ireland in 1974. Direct rule continued until 1981.
In 1985, Great Britain signed an agreement with the Irish Republic, giving the latter a consultative role. While the Catholic party (SDLP) favored the agreement, the Protestant Unionist Parties used their majority in the regional Assembly to block it, resulting in the resumption of direct rule in 1985. An accord reached in 1998 provided for a new assembly, but disagreement over the disarmament of paramilitary groups slowed the formation of a multiparty goverment (Dec., 1999) and the end of direct British rule. Disagreements on the same and on other issues have led to several suspensions of home rule.
Bibliography
For an economic interpretation see E. Strauss, Irish Nationalism and British Democracy (1951); for an opposing political interpretation see N. Mansergh, The Irish Question, 1840-1921 (rev. ed. 1965). See also W. K. Hancock, Survey of British Commonwealth Affairs (2 vol., 1937-42; repr. 1964); A. T. O. Stewart, The Ulster Crisis (1967); D. Thornley, Isaac Butt and Home Rule (1964, repr. 1976).
| Law Encyclopedia: Home Rule |
Home rule involves the authority of a local government to prevent state government intervention with its operations. The extent of its power, however, is subject to limitations prescribed by state constitutions and statutes.
When a municipality or other political subdivision has the power to decide for itself whether to follow a particular course of action without receiving specific approval from state officials, it acts pursuant to such powers. For example, a town exercises its home rule powers when it puts the issue of allowing the sale of alcoholic beverages within its borders on the ballot.
| Wikipedia: Devolution |
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| Look up devolution in Wiktionary, the free dictionary. |
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. It differs from federalism in that the powers devolved may be temporary and ultimately reside in central government, thus the state remains, de jure, unitary.
Any devolved parliaments or assemblies can be repealed by central government in the same way an ordinary statute can be. Federal systems, or federacies, differ in that state or provincial government is guaranteed in the constitution. Australia, Canada 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.
The 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.
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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. The move came eighteen years after similar proposals were defeated in qualified majority referendums in Wales and Scotland in March 1979, though in Scotland's case a slim majority of those voting had backed the proposal.
The issue of Irish home rule was the dominant political question of British politics at the end of the 19th and beginning of the 20th century.
The home rule demands of the late 19th and early 20th century differed from earlier demands for Repeal by Daniel O'Connell in the first half of the nineteenth century. Repeal meant the repeal of the Act of Union 1800 and the creation of a separate parliament not subservient to the British parliament and only sharing a head of state or crown between Great Britain and Ireland whereas home rule meant the creation of autonomous region with its own parliament within the United Kingdom. The home rule parliament would be subservient to the British parliament.
From the late 19th century, leaders of the Irish Parliamentary Party under Isaac Butt, William Shaw and Charles Stewart Parnell had demanded a form of home rule, with the creation of a subsidiary Irish parliament within the United Kingdom (replacing the Irish parliament that existed up to the Act of Union in 1800). This demand led to the eventual introduction of four Irish Home Rule Bills, of which only the last two were approved by the British Parliament, the third Government of Ireland Act 1914 after a prolonged parliamentary struggle, receiving Royal Assent then suspended with the outbreak of World War I. Only the final one was subsequently enacted: the Government of Ireland Act 1920.
The third Act was opposed particularly by Ulster Unionists who raised the Ulster Volunteer Force and signed the Ulster Covenant to oppose the bill, thereby raising the spectre of civil war, Irish Nationalists not being prepared to grant any concessions or guarantees to alleviate Protestant minority fears. The fourth Act, dictated by Ulster, created the six county parliament of Northern Ireland and the twenty-six county parliament of Southern Ireland — although the latter did not in reality function and became the Irish Free State in 1922 after the Anglo-Irish Treaty, which in turn became the Republic of Ireland that exists today.
Home Rule came into effect for Northern Ireland in 1921 under the Fourth Home Rule Act, an after-life of its legacies surviving there; however, it was dissolved in 1973. A devolved Assembly was created as a result of the 1998 Belfast Agreement. The Assembly was intended to bring together the different communities to govern Northern Ireland together.[1]
From October 2002, it was not operational, due to a breakdown in the Northern Ireland peace process but, on 13 October 2006, British and Irish governments announced a "road map" to restore devolution to Northern Ireland.[2]
On 26 March 2007, Democratic Unionist Party (DUP) leader Ian Paisley met Sinn Féin leader Gerry Adams for the first time and together announced that a devolved government would be returning to Northern Ireland.[3] Power-sharing began on 8 May 2007.[4]
Ever since the Parliament of Scotland closed down in 1707 as a consequence of the Acts of Union, individuals and organisations have advocated the return of a Scottish Parliament. The drive for home rule first took concrete shape in the 19th century, as demands for it in Ireland were met with similar (although not as widespread) demands in Scotland. The National Association for the Vindication of Scottish Rights was established in 1853, a body close to the Tories and motivated by a desire to secure more focus on Scottish problems in response to what they felt was undue attention being focused on Ireland by the then Liberal government. In 1871, William Gladstone stated at a meeting held in Aberdeen that if Ireland was to be granted home rule, then the same should apply to Scotland. A Scottish home rule bill was presented to the Westminster Parliament in 1913 but the legislative process was interrupted by the First World War.
The demands for political change in the way in which Scotland was run changed dramatically in the 1920s when Scottish nationalists started to form various organisations. The Scots National League was formed in 1920 in favour of Scottish independence, and this movement was superseded in 1928 by the formation of the National Party of Scotland, which became the Scottish National Party (SNP) in 1934. At first the SNP sought only the establishment of a devolved Scottish assembly, but in 1942 they changed this to support all-out independence. This caused the resignation of John MacCormick from the SNP and he formed the Scottish Covenant Association. This body proved to be the biggest mover in favour of the formation of a Scottish assembly, collecting over two million signatures in the late 1940s and early 1950s and attracting support from across the political spectrum. However, without formal links to any of the political parties it withered, and devolution and the establishment of an assembly were put on the political back burner.
Support for the SNP reached 30% in the October, 1974 general election, with 11 SNP MPs being elected. In 1978 the Labour government passed the Scotland Act which legislated for the establishment of a Scottish Assembly, provided the Scots voted for such in a plebiscite. However, the Labour Party was bitterly divided on the subject of devolution. Despite officially favouring it, considerable numbers of members opposed the establishment of an assembly, and this division contributed to only a narrow 'Yes' majority being obtained and the failure to reach 40% of the electorate voting in favour of an assembly as required by an amendment to the Scotland Act that had been proposed by Labour MP George Cunningham who was shortly afterwards to defect to the newly formed Social Democratic Party (SDP). History took an ironic twist when the Labour Government led by James Callaghan lost an SNP-inspired vote of no confidence on the issue which ushered in 18 years of Conservative government under Margaret Thatcher and then John Major who both strongly resisted any proposal for devolution for either Scotland or Wales. The 1979 General Election also saw a collapse in the SNP's vote returning only two MPs. See also Royal Commission on the Constitution, Scotland referendum, 1979
In 1989 the Scottish Constitutional Convention was formed encompassing the Labour Party, Liberal Democrats and the Scottish Green Party, local authorities, and sections of "civic Scotland" like Scottish Trades Union Congress, the Small Business Federation and Church of Scotland and the other major churches in Scotland. Its purpose was to devise a scheme for the formation of a devolution settlement for Scotland. The SNP decided to withdraw as they felt that independence would not be a constitutional option countenanced by the convention. The convention produced its final report in 1995.
In May 1997, the Labour government of Tony Blair was elected with a promise of creating devolved institutions in Scotland. In late 1997, a referendum was held which resulted in a "yes" vote. The newly-created Scottish Parliament (as a result of the Scotland Act 1998) had powers to make primary legislation in certain 'devolved' areas of policy, in addition to some limited tax varying powers (which to date have not been exercised). Other policy areas remained 'reserved' for the UK Government and parliament.
Devolution for Scotland was justified on the basis that it would make government more responsive to the wishes of the people of Scotland. It was argued that the population of Scotland felt detached from the Westminster government (largely because of the policies of the Conservative governments led by Margaret Thatcher and John Major [1]PDF (44.8 KiB)) However, devolution for Scotland has brought to the fore the West Lothian question which is a complaint that devolution for Scotland and Wales but not England has created a situation where MPs in the UK parliament, including Welsh and Scottish MPs, can vote on matters affecting England alone but on those same matters Scotland and Wales can make their own decisions.
The 1974 – 79 Labour Government proposed a Welsh Assembly in parallel to its proposals for Scotland. These were rejected by voters in the Wales referendum, 1979 with 956,330 votes against, compared with 243,048 for.
In May 1997, the Labour government of Tony Blair was elected with a promise of creating a devolved assembly in Wales; the Wales referendum, 1997 resulted in a "yes" vote. The National Assembly for Wales, as a consequence of the Government of Wales Act 1998, possesses the power to determine how the government budget for Wales is spent and administered.
Devolution for Wales was justified on the basis that it would aid in bringing government closer to the people in the nation. The population of Wales felt detached from the Westminster government (largely because of the policies of the Conservative governments led by Margaret Thatcher and John Major [2]PDF (44.8 KiB)). In Wales the referendum on devolution was only narrowly passed, and most voters rejected devolution in all the counties bordering England, as well as Cardiff and Pembrokeshire. However, all recent opinion polls indicate an increasing level of support for further devolution, with support for primary law-making powers now commanding a majority, and diminishing support for abolition of the Assembly.
Critics of devolution believe that it will undermine the existence of the United Kingdom, but an alternative view is that its is the asymmetric nature of the current devolution settlement that presents the greater threat to the Union.
England is the only country of the United Kingdom to not have a devolved Parliament or Assembly though a movement for the establishment of a single devolved English Parliament, the English Constitutional Convention, is backed by the English Democrats and Campaign for an English Parliament. Without its own devolved Parliament, England continues to be governed and legislated for by the UK Government and UK Parliament which gives rise to the West Lothian question. The question concerns the fact that, on devolved matters, Scottish MPs continue to help make laws that apply to England alone though English MPs can not help make laws on those same matters for Scotland. There is evidence that the idea of an English Parliament has a significant level of support.[5][6]
Within England, regional devolution has only extended to London where the Greater London Authority has greater powers than other local authority bodies. Proposals for other Regional Assemblies in England have been indefinitely postponed following the rejection in a 2004 referendum of proposals for the North East.
There is a movement that supports devolution in Cornwall. Its strongest advocates in elections are the Mebyon Kernow party and the Cornish Liberal Democrats who aim to establish a regional Cornish Assembly. A proportion of Cornish devolution supporters such as the Cornish Stannary Parliament, Cornwall 2000, the Cornish Nationalist Party, Cornish Solidarity and the Cornish National Liberation Army support further devolution for Cornwall to become either a constituent country of the United Kingdom or even split from the UK entirely.
Several Cornish Liberal Democrat MPs such as Andrew George, Matthew Taylor and Dan Rogerson are strong supporters of Cornish devolution.[7]
On Wednesday 12 December 2001, the Cornish Constitutional Convention and Mebyon Kernow submitted a 50,000-strong petition supporting devolution in Cornwall to 10 Downing Street.[8][9] In December 2007 Cornwall Council leader David Whalley stated that “There is something inevitable about the journey to a Cornish Assembly”.[10]
Crown dependencies are possessions of the British Crown, as opposed to overseas territories or colonies of the United Kingdom. They comprise the Channel Island bailiwicks of Jersey and Guernsey, and the Isle of Man in the Irish Sea.
The dependencies do not form a part of the United Kingdom, being separate jurisdictions. Each has its own parliament and Chief Minister. However, as possessions of the Crown they are not sovereign nations in their own right and the British Government has historically retained a number of residual powers in relation to the islands. To the extent that these powers have been little used in recent years, there has been a de-facto measure of devolution. In addition, the States of Jersey Law 2005 established that all Acts of the United Kingdom and Orders in Council relating to Jersey are to be referred to the Island's parliament, and gave greater freedom of action to Jersey in international affairs.
In 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.
In the United States only the federal government and the state governments 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.
Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa and other territories are subject to their governments being directly regulated by Congressional Acts. Unlike state governments which have reserved powers according to the U.S. Constitution, U.S. territorial governments can be constitutionally created, modified, governed, or dissolved by the U.S. Congress.
Native American tribes have some rights devolved to them by United States government. For example they are given a large amount of autonomous rule over their tribal lands. However, the tribal governments do not have independence from the federal government. Indian tribes also do not have the equivalent rights of the U.S. States under the U.S. Constitution. However, they are exempt from jurisdiction of some state laws and regulations, such as allowing gambling on their reservations, when similar activity may be illegal outside tribal lands.
The Australian Capital Territory or Canberra 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 1998, probably due to the proposed status in the Australian Senate with only two senators instead of twelve like the existing states. The rejection was a shock to both the Australian and Northern Territory governments.
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 Territory 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. In 1999, the federal government created Nunavut Territory pursuant to a land claim agreement reached with Inuit, the indigenous people of Canada’s Eastern Arctic. 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.
The Northwest Territories were governed from Ottawa from 1870 until the 1970s. 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:
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 which 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.
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.
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.
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 coterminus with the entire Federal District.[11] (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 de 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.[12]
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").
In a recent amendment to the Constitution of Mexico, the country was defined as a "pluricultural nation" originally founded upon the "indigenous peoples".[13] 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.
Movements calling for devolution also exist, to a more limited degree, in England, particularly with regards to Cornwall as well as some unofficial or historic English Regions such as Wessex and Mercia. In Northern Italy, there is a political movement led by the Lega Nord, for the homerule of Padania. In France, there are groups calling for devolution or full independence for Occitania, the Basque Country, Alsace, and Brittany.
| State | Government Type | Subdivisions article | ||
|---|---|---|---|---|
| Italy | Republic | Regions of Italy | 15 regions (with limited autonomy) | 5 regions with special degree of autonomy (regioni a statuto speciale) |
| Madagascar | Republic | Provinces of Madagascar | 6 provinces | |
| Papua New Guinea | Kingdom | 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 | Kingdom | Provinces of the Solomon Islands | 9 provinces | 1 capital territory |
| Spain | Kingdom | Communities of Spain | 17 autonomous communities | 2 autonomous cities |
| United Kingdom | Kingdom | Countries of the United Kingdom | 4 constituent countries, of which 3 have devolved governments |
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 Third World.
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| Local Government | |
| HR (abbreviation) |
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