royal prerogative – Current Awareness

Robert Blackburn: The Formal Powers of the Royal Head of State: Terminology, Concepts, and Practice – UK Constitutional Law Association

Posted November 23rd, 2023 in constitutional law, Crown, news, royal family, royal prerogative by sally

‘This post argues that the terminology of “reserve powers” and “personal prerogatives” are inaccurate and misleading descriptions of the royal powers of prime ministerial appointment, the dissolution of Parliament, and royal assent. They should be described in our constitutional writing as the “formal” or “ceremonial” powers of the royal Head of State. They are distinguishable as being “direct” prerogatives of the Monarch, separate from other Crown prerogatives that are exercised “indirectly”, in the name of the Crown, by ministers.’

UK Constitutional Law Association, 23rd November 2023

Source: ukconstitutionallaw.org

Revealed: Queen vetted 67 laws before Scottish parliament could pass them – The Guardian

Posted July 29th, 2021 in bills, news, royal family, royal prerogative, Scotland by sally

‘The Scottish government has given the Queen advanced access to at least 67 parliamentary bills deemed to affect her public powers, private property or personal interests under an arcane custom inherited from Westminster.’

The Guardian, 28th July 2021

Source: www.theguardian.com

Treaty scrutiny -A brave new frontier for Parliament – UK Constitutional Law Association

Posted March 18th, 2020 in brexit, constitutional law, news, parliament, royal prerogative, treaties by sally

‘On Tuesday 17 March, the House of Lords endorsed a report by the Procedure Committee which has the effect of establishing a new Committee tasked with scrutinising international agreements, or treaties, that are negotiated and signed by the UK in 2020.’

UK Constitutional Law Association, 18th March 2020

Source: ukconstitutionallaw.org

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

Posted November 29th, 2019 in appeals, brexit, constitutional law, elections, judicial review, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by tracey

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

The Guardian, 29th November 2019

Source: www.theguardian.com

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

Posted October 30th, 2019 in constitutional law, judicial review, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law – UK Constitutional Law Association

Posted October 9th, 2019 in brexit, constitutional law, habeas corpus, judicial review, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’

UK Constitutional Law Association, 8th October 2019

Source: ukconstitutionallaw.org

The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub

Posted October 9th, 2019 in brexit, constitutional law, judicial review, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’

Oxford Human Rights Hub, 9th October 2019

Source: ohrh.law.ox.ac.uk

Ep 95: A Rogue Prorogation – Law Pod UK

Posted October 1st, 2019 in brexit, constitutional law, judicial review, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’

Law Pod UK, 27th September 2019

Source: audioboom.com

After 10 years, the supreme court is confident in its role – The Guardian

Posted September 27th, 2019 in appeals, brexit, constitutional law, judiciary, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by tracey

‘Next Tuesday, 1 October, marks the 10th anniversary of the supreme court. Over the past decade, its neo-gothic portico, beneath which lawyers, litigants, protesters and politicians parade, has become an increasingly recognisable feature of national life.’

The Guardian, 26th September 2019

Source: www.theguardian.com

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

Posted September 25th, 2019 in brexit, constitutional law, judicial review, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by michael

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Supreme court poised to rule against Boris Johnson, say legal experts – The Guardian

Posted September 23rd, 2019 in brexit, constitutional law, deceit, news, parliament, prerogative powers, royal prerogative, Supreme Court by sally

‘Boris Johnson would have no option but to recall MPs to Westminster if the supreme court rules he misled the Queen, senior legal sources told the Observer yesterday.’

The Guardian, 22nd September 2019

Source: www.theguardian.com

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

Posted September 19th, 2019 in brexit, constitutional law, legislation, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court, ultra vires by tracey

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

Posted September 17th, 2019 in brexit, constitutional law, judiciary, news, parliament, prerogative powers, prorogation, royal prerogative, Scotland, Supreme Court by tracey

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

Posted September 13th, 2019 in appeals, brexit, constitutional law, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by tracey

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

In defence of the Fixed-term Parliaments Act – UCL Constitution Unit

Posted September 13th, 2019 in brexit, constitutional law, inquiries, news, parliament, prerogative powers, royal prerogative by tracey

‘The Fixed-term Parliaments Act has come in for a lot of criticism of late, but is it as badly designed and drafted as some commentators would have us believe? The House of Lords Constitution Committee recently commenced an inquiry into the effectiveness of the Act to seek answers to this question. Robert Hazell and Nabila Roukhamieh-McKinna explain the background to the inquiry, and some of the key issues being addressed.’

UCL Constitution Unit , 23rd September 2019

Source: constitution-unit.com

Brexit: Scottish judges rule Parliament suspension is unlawful – BBC News

Posted September 12th, 2019 in brexit, constitutional law, news, parliament, prerogative powers, royal prerogative, Scotland by tracey

‘Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.’

BBC News, 11th September 2019

Source: www.bbc.co.uk

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

Posted September 4th, 2019 in brexit, constitutional law, judicial review, ministers' powers and duties, news, parliament, prerogative powers, royal prerogative, Scotland by sally

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

BBC News, 4th September 2019

Source: www.bbc.co.uk

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

Posted September 3rd, 2019 in brexit, constitutional law, judicial review, news, parliament, prerogative powers, prorogation, royal prerogative, Scotland, Supreme Court by sally

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

UKSC Blog, 2nd September 2019

Source: ukscblog.com

Jacob Rowbottom: Political Purposes and the Prorogation of Parliament – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, constitutional law, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘While the prorogation of Parliament has generated political controversy, constitutional lawyers are asking whether the government acted legally in advising the Monarch. The legal challenges to the prorogation will face a number of hurdles. Even if the prerogative power is justiciable, there are difficult questions in identifying the specific legal issue. When writing about a potential challenge in June, Lord Pannick stated that one legal objection is that ‘the prime minister would be seeking to prorogue parliament for the purpose of avoiding parliamentary sovereignty on an issue of significant constitutional importance’. This post will explore a related line of argument, which focuses on proroguing Parliament as a means to avoid political accountability (so the argument does not rely on the language of sovereignty). The starting point in the line of argument is that the prorogation will to some degree hinder Parliament in whatever it wants to do in the period immediately prior to Britain exiting the EU. That goes beyond the potential to enact legislation or pass a motion of no confidence, and also includes the ordinary channels of political accountability and scrutiny of government.’

UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Prorogation: Constitutional Principle and Law, Fact and Causation – Oxford Human Rights Hub

Posted September 2nd, 2019 in brexit, causation, constitutional law, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.’

Oxford Human Rights Hub, 31st August 2019

Source: ohrh.law.ox.ac.uk

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