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10 October 2019 / Michael L Nash
Issue: 7859 / Categories: Features , Constitutional law , Brexit
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A realignment of law & power?

Michael L Nash examines the delicate balancing act between the three pillars of power in times of crisis
  • Throughout British history, the balance between the executive, the legislature and the judiciary has always been shifting and realigning. 
  • What role does the monarch play in this balance?

With considerable foresight, Professor Geoffrey Keeton wrote in 1952, in his book The Passing of Parliament: ‘It is in times of difficulty that the dangers from extremists are greatest… it is then that desperate remedies have the best chance of being tried, and when there may be a general disposition to trust a group, or even a single man, with uncontrolled powers, to make far-reaching experiments. Under the present conditions which now exist in Great Britain, this can be quickly and legally achieved by… continuing to exclude or to confine within narrow limits the right of recourse to the ordinary courts.’

This, then, brings into sharp focus the role of the trinity of powers which exist in any country

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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