Powers and Functions
The Assembly has both legislative powers and responsibility for electing the Northern Ireland Executive. The First and deputy First Ministers were initially elected on a cross-community vote, although this was changed in 2006 and they are now appointed as leaders of the largest and second largest Assembly 'bloc' (understood to mean 'Unionist', 'Nationalist' and 'Other'). However the remaining ministers are not elected but rather chosen by the nominating officers of each party, each party being entitled to a share of ministerial positions roughly proportionate to its share of seats in the Assembly. The Assembly has authority to legislate in a field of competences known as "transferred matters". These matters are not explicitly enumerated in the Northern Ireland Act 1998. Rather they include any competence not explicitly retained by the Parliament at Westminster.
Powers reserved by Westminster are divided into "excepted matters", which it retains indefinitely, and "reserved matters", which may be transferred to the competence of the Northern Ireland Assembly at a future date. A list of transferred, reserved and excepted matters is given below.
While the Assembly was in suspension, its legislative powers were exercised by the UK Government, which effectively has power to legislate by decree. Laws that would have normally been within the competence of the Assembly were passed by the UK Parliament in the form of Orders-in-Council rather than legislative acts.
Unlike laws enacted by the Westminster Parliament, Acts of the Northern Ireland Assembly are subject to judicial review. A law can be struck down if it is found to:
- exceed the competences of the Assembly;
- violate European Union law;
- violate the European Convention on Human Rights; or
- discriminate against individuals on the grounds of political opinion or religious belief.
Although the British monarch is not formally a component of the Assembly (as is the case at Westminster), all bills passed by the Assembly must receive Royal Assent to become law. If the Secretary of State believes that a bill violates the constitutional limitations on the powers of the Assembly, the Secretary of State will refuse to submit the bill to the monarch for Assent. If submitted by the Secretary of State, the monarch will, by convention, sign a bill into law. Acts of the Northern Ireland Assembly begin with the enacting formula: "Be it enacted by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:".
Read more about this topic: Northern Ireland Assembly
Famous quotes containing the words powers and/or functions:
“And as the sun above the light doth bring,
Though we behold it in the air below,
So from th’ eternal Light the soul doth spring,
Though in the body she her powers do show.”
—Sir John Davies (1569–1626)
“If photography is allowed to stand in for art in some of its functions it will soon supplant or corrupt it completely thanks to the natural support it will find in the stupidity of the multitude. It must return to its real task, which is to be the servant of the sciences and the arts, but the very humble servant, like printing and shorthand which have neither created nor supplanted literature.”
—Charles Baudelaire (1821–1867)