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Hands off

18 March 2016 / Nicholas Dobson
Issue: 7691 / Categories: Features , Public
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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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