Tag: Glorious Revolution
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David Kershaw: Revolutionary Amnesia and the Delegated Nature of Prerogative Power
“Left” in the Hands of the Crown The extent to which an exercise of prerogative power can be subject to judicial review, as well as the nature of such review, are umbilically connected to the nature and source of prerogative power. But what is the nature of the prerogative powers exercised by the Crown today—how…
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Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament
Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of ‘Parliament’ by ‘the High Court of Parlyament’ as recognised in the Crown and Parliament Recognition Act…