header-logo header-logo

18 March 2016 / Nicholas Dobson
Issue: 7691 / Categories: Features , Public
printer mail-detail

Hands off

Nicholas Dobson examines the use of prerogative powers & review

The Queen of Hearts in Lewis Carroll’s Alice’s Adventures in Wonderland was afforded a broad margin of appreciation in her use of prerogative powers. Untroubled by any contemporary notion of rights (human or animal), her principal instrument of governance was capital punishment. She utilised this with great and casual frequency to resolve any juristic matter. As Carroll indicates: “The Queen had only one way of settling all difficulties, great or small. ‘Off with his head!’ she said, without even looking round.” Worth noting also was another of her jurisprudential principles: “Sentence first—verdict afterwards.”

However, the UK as a mature democracy with a constitutional monarchy has rather more measured arrangements. And while prerogative powers remain (famously defined by British jurist and constitutional theorist, AV Dicey as “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown”) most such powers are now exercised solely through and on the advice of ministers responsible to Parliament. Prerogative powers include those

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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll