Category: royal prerogative

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Posted June 27th, 2016 in constitutional law, EC law, interpretation, news, notification, parliament, referendums, royal prerogative, statute law revision, time limits by sally

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Chagos Islanders’ fate to be decided by top court – The Guardian

Posted June 27th, 2016 in appeals, armed forces, Chagos Islands, human rights, indigenous peoples, news, royal prerogative, Supreme Court by sally

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

Chagos islanders go to supreme court in battle to be allowed home – The Guardian

Posted June 22nd, 2015 in appeals, armed forces, Chagos Islands, disclosure, documents, news, royal prerogative, Supreme Court by tracey

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

Posted November 21st, 2014 in constitutional law, constitutional reform, news, parliament, prerogative powers, royal prerogative by tracey

‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’

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UK Constitutional Law Association, 19th November 2014

Source: www.ukconstitutionallaw.org/blog

Jihadis who travel to Syria could be barred from UK return for two years – The Guardian

Posted November 14th, 2014 in airlines, bills, freedom of movement, intelligence services, international law, investigatory powers, Islam, news, passports, police, royal prerogative, terrorism, trials by tracey

‘Suspected jihadis, including teenagers, who travel to Syria will be prevented from returning to Britain for two years and only allowed to re-enter if they consent to face trial, home detention, regular police monitoring or go on a deradicalisation course. The plan, agreed after months of internal Whitehall talks, has been cleared by government law officers and devised to minimise legal claims that the British government will be rendering citizens stateless by barring them from the UK.’

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The Guardian, 14th November 2014

Source: www.guardian.co.uk

Prince Charles faces scrutiny by MPs over veto on laws – The Guardian

Posted August 13th, 2013 in consent, constitutional law, legislation, news, royal family, royal prerogative, veto by sally

“The British parliament is to investigate Prince Charles’s controversial role in helping to shape government legislation in a move likely to increase pressure on Whitehall to reduce the secrecy around alleged royal lobbying.”

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The Guardian, 12th August 2013

Source: www.guardian.co.uk

Pamphlet on Royal consent legislation published – The Independent

Posted January 16th, 2013 in Crown, freedom of information, legislation, news, royal prerogative by sally

“Official legal advice about when Royal consent is required for legislation to proceed has been published after a long-running battle by the Cabinet Office to keep it under wraps.”

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The Independent, 15th January 2013

Source: www.independent.co.uk

Related link: Queen’s or Prince’s Consent (PDF)

George Davis in court 40 years after robbery that sent him to jail – The Guardian

Posted February 24th, 2011 in appeals, Criminal Cases Review Commission, miscarriage of justice, news, robbery, royal prerogative, wounding by sally

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

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The Guardian, 24th February 2011

Source: www.guardian.co.uk

Review of executive royal prerogative powers – Ministry of Justice

Posted October 16th, 2009 in constitutional law, reports, royal prerogative by sally

“A review of the ancient royal prerogative powers available to UK government ministers.”

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Ministry of Justice, 15th October 2009

Source: www.justice.gov.uk

Could the Queen really dissolve Parliament now? – The Times

Posted May 21st, 2009 in constitutional law, news, parliament, royal prerogative by sally

“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”

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The Times, 21st May 2009

Source: www.timesonline.co.uk

Regina (Shields) v Secretary of State for Justice – Times Law Reports

Posted January 14th, 2009 in law reports, pardons, royal prerogative by sally

Regina (Shields) v Secretary of State for Justice

Queen’s Bench Divisional Court

“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”

The Times, 14th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Shields) v Secretary of State for Justice – WLR Daily

Posted December 19th, 2008 in law reports, pardons, royal prerogative by sally

R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398

“The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that  ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

Posted May 31st, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

Abuse of executive power over Chagos Islanders

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)

Court of Appeal

“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”

The Times, 31st May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

Posted May 25th, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chagos islanders win legal battle to return home – The Independent

Posted May 23rd, 2007 in Chagos Islands, news, royal prerogative by sally

“Families expelled from the Chagos Islands by the British Government to make way for the Diego Garcia US airbase today won their legal battle to return home.”

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The Independent, 23rd May 2007

Source: www.independent.co.uk

MPs support war-powers proposals – BBC News

Posted May 16th, 2007 in news, royal prerogative, war by sally

“MPs have approved moves to give Parliament the final say on whether British troops should be sent to war.” 

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BBC News, 16th May 2007

Source: www.bbc.co.uk