header-logo header-logo

02 December 2014 / Tim Malloch
Issue: 7635 / Categories: Features , Freedom of Information
printer mail-detail

The Philosopher King (in waiting)?

The controversy over Prince Charles’s letters is a manifestation of a centuries-old constitutional problem, says Tim Malloch

The Supreme Court has now heard the case brought by The Guardian journalist Rob Evans. Since 2005 Evans has been using the Freedom of Information Act 2000 (FOIA) and the Environmental Information Directive (EID) to try and obtain copies of handwritten letters that the Prince of Wales has written to various government departments. Judgment is expected next year. 

When delivering judgment on a case that has ran for nine years, the Supreme Court will conduct a public interest balancing exercise. This will involve evaluating the UK government’s right to maintain that the Prince's personal correspondence is private and the right for the public to know to what extent an unelected monarch in waiting attempted to influence a democratically elected government. 

This is a manifestation of a constitutional problem that philosophers have considered for centuries. Plato’s The Republic, probably written by about 380 BC, described an ideal society where political power is placed in

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll