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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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