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Duty & dignity

03 June 2022 / Michael L Nash
Issue: 7981 / Categories: Features , Constitutional law
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Michael L Nash shares his reflections on a remarkable reign

The powers and privileges of the British sovereign are many and various, and they derive from a multiplicity of sources. Those who criticise the exercise of these powers often do not know their origin, or how and why they are used. Queen Elizabeth II’s reign has not been without its controversies and scandals—Queen Victoria had her fair share and still came out on top. Why have these controversies arisen?

The answer lies in the nature of our constitution: lex scripta and lex non scripta, laws written and laws unwritten. In most other major European monarchies, the parameters of the powers and privileges of the sovereign are clearly defined in the constitution, which is found in one written document, and which began at one definite point in that nation’s history.

One must also remember the memories of powers exercised (generally without any question) in the dynasties from which they have come, and there have been quite a number of such dynasties.

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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