Tag: prerogative powers
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Event: Book Launch – Royal Law: Prerogative Foundations
University of Bristol Centre for European and Public Law 18:00-19:30 July 3rd 2025 2.13 Wills Memorial Building, University of Bristol and Online at https://bristol-ac-uk.zoom.us/j/97632863445 The Centre for European and Public Law invites you to join us for the launch of Dr Robert Craig’s new book: Royal Law: Prerogative Foundations. The event will include a brief…
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Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters
Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the ‘crown does not have a prerogative of justice but only a prerogative of mercy’. This blog considers and challenges those claims. Technically,…
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Hayley J. Hooper: The Principle of Legality and Prerogative Power after the Third Direction Case
In March 2021, the Court of Appeal handed down a unanimous judgment in Privacy International v Foreign Secretary ‘the Third Direction case’. The unanimous decision held permitting the Security Services (MI5) to authorise criminal conduct by agents was lawful. The authority for the policy existed by necessary implication in ss 1-2 of the Security Services Act…
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Jan van Zyl Smit and Aradhya Sethia: Partial Codification of Administrative Law: What are the Rule of Law Opportunities and Risks of the IRAL’s Remit? Part Two
This is Part Two of a post examining the Rule of Law opportunities and risks arising from the IRAL’s remit, in light of comparative experience from the codification of administrative law in other common law jurisdictions. In Part One, we considered the implications for some of the constituent principles of the Rule of Law under…
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Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context?
The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on…
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Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family
Introduction On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess of Sussex will step back from royal duties, no longer receive public funds, or ‘formally represent the Queen’. Neither will they use their HRH titles, and more generally they will not be classed as ‘working members of…
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David Dennis: Llewellyn, Hart and Miller 2
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. Loughlin’s description of two conflicting conceptions…
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Michael Detmold: The Supreme Court and the Executive Power of History
Introduction The best Constitution in the world has, through its highest court, over-reached in two fundamental ways: it has founded its constitutional thought on a slipping meaning of ‘Parliament’ – its most important constitutional word. And it has failed to understand history. By this second claim, I do not mean that the history it has…
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Roger Masterman and Se-shauna Wheatle: Miller/Cherry and Constitutional Principle
In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives, we examined Lord Neuberger’s use of constitutional principle-based reasoning in R (Evans) v Attorney General. In that decision, Lord Neuberger – with whom Lords Kerr and Reed were in agreement – employed the pan-jurisdictional…
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Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?
The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This post argues that the Supreme Court’s Cherry/Miller (No 2) judgment should be understood as an application of proportionality as a common law ground of substantive review. Proportionality review is no longer confined to cases involving the Human…