The Role of Concordats in the New Governance of Britain: Taking Subsidiarity Seriously?
Devolution has changed fundamentally the system of governance within the UK The devolution of legislative and administrative competencies over a wide range of policies to Scotland and Wales necessitated the introduction of arrangements for policy co-operation and co-ordination involving UK Government and the devolved administrations. These arrangements are set out in concordats. This article considers why the concordats were necessary, and analyses their role as devices for maintaining coherence in, and legitinuicy of, UK governance in the face of the challenges raised by devolution. It then extends the analysis of concordats to an examination of the role that sub-national authorities generally might play in multi-level governance systems. It does so by concentrating on the subsidiarity debate in EU governance, and considers whether this concept can be applied to inform the structure of policy assignment in that multi-level governance system. The lessons gleaned from a study of UK devolution suggest that subsidiarity, while a potentially useful framework for assigning powers between national and supranational levels within a trans-national governance system, has little relevance when applied to the role of sub-national governance in trans-national systems.