header-logo header-logo

10 October 2019 / Michael L Nash
Issue: 7859 / Categories: Features , Constitutional law , Brexit
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll