Journal articles: 'Prerogative, Royal'

1

Tyrer, S. P. "Royal Prerogative?" Psychiatric Bulletin 12, no. 8 (August 1, 1988): 340. http://dx.doi.org/10.1192/pb.12.8.340-a.

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Tyrer, Stephen P. "Royal Prerogative?" Bulletin of the Royal College of Psychiatrists 12, no. 8 (August 1988): 340. http://dx.doi.org/10.1192/s0140078900021131.

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Poole, T. "United Kingdom: The royal prerogative." International Journal of Constitutional Law 8, no. 1 (January 1, 2010): 146–55. http://dx.doi.org/10.1093/icon/mop038.

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Cox*, Noel. "The Royal Prerogative in the Realms." Commonwealth Law Bulletin 33, no. 4 (December 2007): 611–38. http://dx.doi.org/10.1080/03050710701814839.

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Ross, Nick. "Royal prerogative: having it both ways?" Journal of the Royal Society of Medicine 106, no. 3 (March 2013): 79. http://dx.doi.org/10.1177/0141076813479765.

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Lowe, William C. "George III, peerage creations and politics, 1760–1784." Historical Journal 35, no. 3 (September 1992): 587–609. http://dx.doi.org/10.1017/s0018246x0002598x.

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AbstractThis article looks at the political role of the royal prerogative to create and promote British peers in the period 1760–1784. It argues that during the first two decades of his reign George III maintained his original intention that peerage creations should befew in number and isolated from short-term political influences, but that during the prolonged political crisis that unfolded at the end of the American War of Independence, the king's power to create peers became deeply embroiled in politics. Not only were all eight of the peerages created in 1782–1783 influenced by political considerations, this aspect of the royal prerogative became itself the topic of parliamentary discussion. It was in this context of recent creations and heightened interest in the royal prerogative that George III's refusal to make peers proved to be an effective tactic in his struggle with the Fox-North coalition. Especially damaging was the coalition's inability to secure Lord North's promotion to the upper house. Once the coalition had been dismissed, George HI used his prerogative in an overtly political fashion to strengthen the younger Pitt in both houses of parliament.

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Cox, Noel. "THE GRADUAL CURTAILMENT OF THE ROYAL PREROGATIVE." Denning Law Journal 24, no. 1 (November 27, 2012): 1–19. http://dx.doi.org/10.5750/dlj.v24i1.389.

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In the United Kingdom and those countries that recognise Elizabeth II as their Queen,1 there are to be found certain fundamental constitutional principles. One of these is that much of the legal basis of executive power derives from the Crown,2 though this has, in the past, often been downplayed for political and other reasons. Indeed, in the Commonwealth as a whole, political independence has often been equated with the reduction of the role of the Crown to a position of subservience to the political executive.3 What remains important is the position of the Crown as an organising principle of government (the framework upon which the structure of government is built4), as a source of legitimacy, and as a symbol for permanent government. Executive power, therefore, remains based on the royal prerogative, and the „third source‟ of authority (the legal powers of the legal natural person, as the Crown is a corporation aggregate), as well as upon statute law.

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Christian, T. J., and K. D. Ewing. "Judicial Review of the Royal Prerogative in Canada." Cambridge Law Journal 45, no. 2 (July 1986): 173–75. http://dx.doi.org/10.1017/s0008197300120768.

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Freedman, Eric M., and Christopher N. May. "Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative." American Journal of Legal History 44, no. 2 (April 2000): 226. http://dx.doi.org/10.2307/846124.

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10

Enright, Michael J. "Royal succession and abbatial prerogative in Adomnán’s Vita Columbae." Peritia 4 (January 1985): 83–103. http://dx.doi.org/10.1484/j.peri.3.98.

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11

Blick, Andrew. "Emergency powers and the withering of the Royal Prerogative." International Journal of Human Rights 18, no. 2 (February 17, 2014): 195–210. http://dx.doi.org/10.1080/13642987.2014.889394.

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12

Sanader, Teresa. "Die verfassungsrechtlichen Modalitäten des Brexit - Parlamentssouveränität versus Royal Prerogative." Journal für Rechtspolitik 25, no. 3 (2017): 157–70. http://dx.doi.org/10.33196/jrp201703015701.

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Allon, Niv. "War and Order in Eighteenth Dynasty Egypt (1550‒1295 BCE)." Zeitschrift für Ägyptische Sprache und Altertumskunde 148, no. 1 (June 1, 2021): 18–30. http://dx.doi.org/10.1515/zaes-2021-0101.

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Summary This paper studies royal inscriptions of the Eighteenth Dynasty—a period of extensive military activity in Nubia and the Levant—to examine the prevailing assumption that earthly wars were conceived as mirroring a cosmic struggle between order and chaos. Instead, the sources suggest a more intricate picture, in which royal prerogative and divine will are at play, often ambiguously intertwined.

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Hough, Barry. "Judicial review where the Attorney General refuses to act: time for a change." Legal Studies 8, no. 2 (July 1988): 189–200. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00549.x.

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‘Today, therefore, the controlling factor in determining whether the exercise of a prerogative power is subject to judicial review is not its source but its subject matter.’ So uttered Lord Scarman, expressing the view of the majority of the House of Lords in Council of Civil Service Unions v Minister for the Civil Service (the GCHQ case). The Attorney General, in deciding whether to institute proceedings for the enforcement ofa public right, exercises a power vested in him by virtue of the royal prerogative. This power, it was previously held, was ‘absolute and non-reviewable’. The question now arises as to whether the Attorney General’s discretionary powers are embraced within that category of prerogative powers whose subject matter renders them amenable to judicial review, or whether they remain beyond judicial scrutiny.

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15

Mikhail, John. "The Path of the Prerogatives." American Journal of Legal History 63, no. 3 (September 1, 2023): 196–218. http://dx.doi.org/10.1093/ajlh/njad008.

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Abstract The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive Power under the Constitution, Professor Michael McConnell takes Crosskey’s observation as a starting point of his own more systematic analysis of how the Committee of Detail divided these prerogative powers between Congress and the President. Yet neither Crosskey nor McConnell focuses much attention on the fact that many of these powers were already delegated to the United States by the Articles of Confederation. Nor do they ask whether the founders conceived of these powers primarily as legislative or executive powers, on the one hand, or government powers, on the other—a critical distinction reflected in the text of the Constitution by the Necessary and Proper Clause. This article investigates these topics by tracing the path of the prerogatives from 1774 to 1776 in the writings of James Wilson, Benjamin Franklin, John Dickinson, and Thomas Jefferson, highlighting the crucial role played by these powers in Wilson’s 1774 essay on the legislative authority of Parliament, the Articles of Confederation, and the Declaration of Independence. The article also discusses two further issues that any adequate theory of presidential powers must confront: the distinction between government powers and executive powers, and the status of the United States as a legal corporation, in which implied powers are vested without needing to be enumerated. Finally, the article points to new evidence indicating that Jefferson borrowed specific language and ideas from Wilson when drafting the Declaration of Independence.

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16

Cox, Noel. "BLACK V. CHRÉTIEN AND THE CONTROL OF THE ROYAL PREROGATIVE." Constitutional Forum / Forum constitutionnel 12, no. 1, 2 & 3 (July 24, 2011): 2002. http://dx.doi.org/10.21991/c94m3j.

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Conrad Black, a prominent publisher and businessman in both Canada and the United Kingdom, submitted his name for one of the peerages to be created for the new-model House of Lords following the House of Lords Act 1999.1 The rights and duties of peers depend entirely upon custom.2 The principal legal distinction of British peers is — or was — their right to sit and vote in Parliament.3 Not all peers however were Lords of Parliament (principally the Irish peers not also possessing another peerage entitling them to a seat), and some Lords of Parliament, the bishops, are not peers.4 Essentially, Black was seeking, and had been promised, a seat in the upper house of the British Parliament.

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17

McGlynn, Margaret. "Idiots, lunatics and the royal prerogative in early Tudor England." Journal of Legal History 26, no. 1 (April 2005): 1–24. http://dx.doi.org/10.1080/01440360500034420.

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Eleftheriadis, Pavlos. "Two Doctrines of the Unwritten Constitution." European Constitutional Law Review 13, no. 3 (September 2017): 525–50. http://dx.doi.org/10.1017/s1574019617000190.

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United Kingdom Supreme Court – Brexit – European Communities Act 1972 – British unwritten Constitution – Theories of the unwritten Constitution – Royal prerogative – Constitutional instruments – Higher law – Process of withdrawal from the European Union – Rule of recognition – H.L.A. Hart – A.V. Dicey – John Finnis – ‘Rule of recognition’ – Theory of sovereignty – Common law Constitution – John Laws

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19

Carafano, James Jay. "William III and the Negative Voice." Albion 19, no. 4 (1987): 509–25. http://dx.doi.org/10.2307/4049472.

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A fresh interpretation of King William III's employment of the royal veto provides new insights into the political and constitutional issues of his reign. The veto, or the crown's negative voice as it was called by contemporaries, is a particularly fruitful subject for study in charting the course of politics in seventeenth century England. The employment of the veto offers an accurate barometer for measuring political and constitutional change. It addresses the key issue of sovereignty—who makes law? King or Parliament? It is surprising, therefore, that historians have neglected to examine the implications of William's employment of the veto. As a result, their conclusions about the veto are not supported by a full analysis of the available evidence. What they have overlooked is that a close examination of the bills the king rejected, and of contemporary views of the royal prerogative, demonstrates that underneath the turmoil of Williamite politics lay a stable foundation built on the settlement achieved at the Revolution of 1688/9.During his brief rule William III rejected a significant number of bills. Between 1692 and 1696 he vetoed five public bills: the Judges, Royal Mines, Triennial, Place, and MP Qualifications Bills. Previous Tudor and Stuart monarchs, with the exception of Queen Elizabeth I, only infrequently invoked the crown's right to refuse legislation. Queen Anne, who followed William to the throne, vetoed only one bill. She was the last monarch to employ this prerogative, although it remains theoretically a legitimate royal power.

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20

Avio, Kenneth L. "The Quality of Mercy: Exercise of the Royal Prerogative in Canada." Canadian Public Policy / Analyse de Politiques 13, no. 3 (September 1987): 366. http://dx.doi.org/10.2307/3550912.

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21

MacMillan, Ken, and Margaret McGlynn. "The Royal Prerogative and the Learning of the Inns of Court." American Journal of Legal History 47, no. 1 (January 1, 2005): 107. http://dx.doi.org/10.2307/30039495.

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22

Allan, T. R. S. "HUMAN RIGHTS AND JUDICIAL REVIEW: A CRITIQUE OF “DUE DEFERENCE”." Cambridge Law Journal 65, no. 3 (November 23, 2006): 671–95. http://dx.doi.org/10.1017/s0008197306007264.

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ENGLISH public law has gained in coherence with the gradual disappearance of rigid doctrinal barriers to judicial review. The repudiation of earlier restrictions on review of ministers’ exercise of the royal prerogative marked a particularly significant step towards a more rational system of legal control. It is true that acknowledgement of the susceptibility of prerogative decisions to judicial review, in principle, was accompanied by warnings about the constraints of justiciability in practice; but the various supposed categories of non-justiciable decision-making have been gradually breached and eroded in the course of common law development. When individual rights have required protection, neither the formal source of the power in question nor its intrinsically discretionary character have proved impenetrable barriers to judicial scrutiny.

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23

Dr. Syed Raza Shah Gilani, Dr. Ali Mohammed Al-Matrooshi, and Ms. Aisha Nayab Qureshi. "Supremacy of the Parliament and the Rule of Law in the UK: An Analysis." Journal of European Studies (JES) 40, no. 1 (January 1, 2024): 15. http://dx.doi.org/10.56384/jes.v40i1.332.

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The United Kingdom is a constitutional monarchy, which means that the monarch must abide by a constitution that outlines the powers and limitations of the government. In the UK, the concept of the rule of law is central to the functioning of the legal system, and the principle of parliamentary sovereignty is considered to be a fundamental aspect of the constitution. However, the concept of the royal prerogative, which is the set of powers and privileges that historically belonged to the monarch, still exists. These powers include the right to appoint and dismiss ministers, to issue pardons, to grant honours and titles, to declare war, and to sign treaties. Although many of these powers have been transferred to the Parliament, some remain with the monarch and their use is subject to limited judicial review. While the concepts of the royal prerogative and parliamentary supremacy remain important aspects of the UK's constitutional framework, they must be balanced against the principle of the rule of law. The use of executive power must be subject to legal scrutiny, and Parliament must continue to act as a check on the government's actions to ensure that they are consistent with the rule of law.

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24

Bryson, W. H. "The prerogative of the sovereign in virginia: Royal law in a republic." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 73, no. 3-4 (2005): 371–84. http://dx.doi.org/10.1163/157181905774858860.

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25

Cookson, Neil. "Treasure Trove: dumb enchantment or new law?" Antiquity 66, no. 251 (June 1992): 399–405. http://dx.doi.org/10.1017/s0003598x00081527.

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Successive UK Governments have persisted in maintaining the archaic nonsense of Treasure Trove. This paper demonstrates the unsuitability of a medieval Royal Prerogative for protecting our archaeological heritage, and goes on to outline a more effective system. This rejects the principle of animus revertendi and concentrates on the protection of portable antiquities in its own right. It advocates a system of statutory reporting and certification, coupled with a policy of acquisition in the public interest.

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26

Wurman, Ilan. "Alexander Hamilton on Executive Authority." American Journal of Legal History 63, no. 3 (September 1, 2023): 251–57. http://dx.doi.org/10.1093/ajlh/njad005.

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Abstract The ‘residuum’ theory of executive power maintains that Article II’s Vesting Clause grants to the president of the United States a residuum of royal prerogative powers that have not been assigned to other departments of the national government or otherwise limited elsewhere in the text of the Constitution. This theory is often traced to Alexander Hamilton’s Pacificus essay, in which he defended President Washington’s proclamation of neutrality with a version of that theory. Two years earlier, however, in his opinion on the constitutionality of the Bank of the United States, Hamilton appears to have rejected the residuum theory; at a minimum, he had incentive to propound that theory but did not do so. Although not the only possible way to interpret Hamilton’s opinion, scholars of executive power must contend with this possibility before concluding that Hamilton believed in a residual vesting of prerogative powers.

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27

Lyon, Ann. "The Prince and the Duchess: The Honours of the Royal Family: An Unconsidered Area of the Royal Prerogative." Liverpool Law Review 27, no. 2 (July 2006): 203–31. http://dx.doi.org/10.1007/s10991-006-9003-0.

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Hinojosa Montalvo, José. "Las salinas del mediodía alicantino a fines de la Edad Media." Investigaciones Geográficas, no. 11 (December 15, 1993): 279. http://dx.doi.org/10.14198/ingeo1993.11.14.

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Valencian salt, which during the Middle Ages was considered a royal prerogative, was principally found in the salt flats along the southern cost of Alicante, especially in the area known as La Mata. The leasing of the rights to exploit these flats was an important source of income for the Bailia of Orihuela, and the Santangel family was one of the most important leaseholders. The exportation of Valencian salt to Italian ports was clearly monopolized by the Genoese.

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29

Na'aman, Nadav. "A Violation of Royal Prerogative: The Shebna Prophecy (Isaiah 22.15–19) in Context." Journal for the Study of the Old Testament 40, no. 4 (May 18, 2016): 451–65. http://dx.doi.org/10.1177/0309089216628398.

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30

Palmer, Stephanie. "“THEY MADE A DESERT AND CALLED IT PEACE”: BANISHMENT AND THE ROYAL PREROGATIVE." Cambridge Law Journal 60, no. 02 (July 2001): 231–64. http://dx.doi.org/10.1017/s0008197301630629.

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31

Jenks, Susanne. "McGlynn, Margaret, The Royal Prerogative and the Learning of the Inns of Court." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 122, no. 1 (August 1, 2005): 587. http://dx.doi.org/10.7767/zrgga.2005.122.1.587a.

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Müßig, Ulrike. "Constitutional conflicts in seventeenth-century England." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 1-2 (2008): 27–47. http://dx.doi.org/10.1163/157181908x277563.

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AbstractIn the constitutional conflicts of the 17th century, both Crown and Parliament justified actions contrary to the other's will by reference to necessity. The Crown held the raising of additional finance to be necessary; the Parliament, its raising of a militia. The competence to determine a time of necessity, and to decide on the public good in it, was the key to sovereignty. In a series of cases reaching a peak in Hampden, the courts handed the Crown an unrestrained Prerogative. With the Militia Ordinance, a disturbed Parliament then claimed the competence for deciding on the public good in an emergency, even against the King's will, because its judgements as opposed to the king's discretion in his Royal prerogative were based on the common law which bound even the King. The concept of Parliament as a court of common law is often under-emphasized, though this is at the heart of the Parliament's claim to sovereignty achieved in 1689, because the Monarch could veto legislative acts, but he could not veto judgements.

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33

Turrell, Rob. "« It's a Mystery » : the Royal Prerogative of Mercy in England, Canada and South Africa." Crime, Histoire & Sociétés 4, no. 1 (January 1, 2000): 83–101. http://dx.doi.org/10.4000/chs.850.

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Monballyu, J. "The political responsibility for Royal pardons in Belgium during the 19th century (1830–1900)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 2 (2007): 153–78. http://dx.doi.org/10.1163/157181907781352582.

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AbstractIn Belgium, the Royal Prerogative of pardoning convicted criminals was legally embedded in the Constitution of 14th February, 1831. It allowed the King to reduce a sentence or to grant a discharge of a sentence given by a court. Any Royal decision to pardon had, however, to be countersigned by a member of the Government, who took on the political responsibility of the decision towards Parliament. In most cases, the task fell upon the Minister of Justice. During the 19th century, in both Houses of the Belgian Parliament, the Minister of Justice was repeatedly questioned about the way the prerogative of pardoning was exercised. This usually occurred when a death sentence had been commuted to a lesser sentence. In such cases, members of the Chamber of Representatives or of the Senate would ask for an explicit justification of a particular pardon. Only exceptionally would a Government Minister be challenged about the legality of a decision either granting or refusing a pardon. Because of the constitutional convention which prevents exposing directly the political position of the King, Jules d'Anethan (Minister of Justice 1843–1847) defended the Minister's right to refuse to give any reasons for a decision regarding a pardon. He only acknowledged Parliament's right to question a Minister about his general policy on pardons. In his view, it was not within Parliament's powers to ask a Minister of Justice why a pardon had been granted or refused in a specific case. That view tended to limit considerably a Minister's responsibility for Royal pardons: it became no more than an empty shell. Another Minister of Justice, Théophile De Lantsheere (1871–1878), took an opposite view. He refused to state his general policy on pardons, but he accepted to explain the specific reasons why a Royal decision granting or refusing a pardon had been made. In his view, a pardon was in the first place a matter for the Minister's conscience. Parliament was therefore entitled to assess his particular actions. However, in the line of his predecessors' and successors' view, he believed that the reasons why the King had insisted on a pardon or refused to grant a pardon should not be mentioned to Parliament. Pardon was an issue between King and Government, not between King and Parliament. As the saying goes in Belgian constitutional law: The Crown should never be laid 'bare'.

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Pollock, Susan. "Of Priestesses, Princes and Poor Relations: The Dead in the Royal Cemetery of Ur." Cambridge Archaeological Journal 1, no. 2 (October 1991): 171–89. http://dx.doi.org/10.1017/s0959774300000342.

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Archaeological discoveries of dead individuals, usually in the form of burials, have frequently captured the imaginations of public and professional audiences alike. In addition to the allure of exotic artefacts and seemingly bizarre funeral rites, burials offer rich possibilities for investigating myriad aspects of past social, cultural and even individual life. This discussion focuses on one of the more renowned archaeological excavations of an ancient cemetery, the Royal Cemetery of Ur. Consideration of who was and who was not buried in the cemetery suggests that cemetery burial was the prerogative of those people who were closely attached to ‘public’ institutions. This leads to a number of observations on Sumerian treatment of the dead and attitudes toward death, as these can be approached from archaeological and textual sources.

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Bolshakov, Vladimir A. "Royal women-sistrophoroi: to the interpretation of sistrum symbolism un cultic practice of the New Kingdom Period." Vostok. Afro-aziatskie obshchestva: istoriia i sovremennost, no. 4 (2021): 25. http://dx.doi.org/10.31857/s086919080015730-0.

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The present article deals with the symbolism of the sistrum in the cultic and ceremonial practice of the New Kingdom period. As a sacred musical instrument, closely associated with Hathor and other goddesses identified with her (Tefnut, Sakhmet, Bastet, Iusaas, Nebet-Hetepet), the sistrum of two types (sSSt and sxm) was widely used in performing various religious rituals and ceremonies. Since the dominant type in the iconography of the king’s wives and mothers of the New Kingdom is their image playing the sistrum/sistra, the author focuses primarily on the main female representatives of the royal family. The article provides a brief overview of iconography, laudatory epithets of royal women and accompanying inscriptions to the use of sistra. A study of official cultic and ceremonial scenes with royal women shaking sistra, allows the author to define three main objects of veneration: a. gods; b. goddesses; c. king. The author also puts into doubt the interpretation widespread in modern Egyptology, according to which, the sexual energy of the supreme deity was stimulated through playing music. Moreover, the absence of the important title “god’s wife/hand” in the protocol of some royal women does not allow reducing their cultic role to the personification of the consort/daughter of a solar deity. A critical approach to this interpretation makes it possible to state that playing sistra was not an exclusively female prerogative and was not limited to the strict opposition “royal woman – god”. Besides, one can conclude that the use of sistra as liturgical objects was a prerequisite for performing offering rituals.

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Häkkinen, Teemu. "Challenging the Royal Prerogative: The Decision on War against Iraq in Parliamentary Debates in 2002-3." Parliamentary History 35, no. 1 (February 2016): 54–66. http://dx.doi.org/10.1111/1750-0206.12184.

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García Majado, Patricia. "Significado y alcance de la inviolabilidad del Rey." Teoría y Realidad Constitucional, no. 47 (April 29, 2021): 357. http://dx.doi.org/10.5944/trc.47.2021.30722.

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El objeto del presente artículo es analizar el papel que la inviolabilidad regia desempeña en el marco del sistema democrático español y su particular régimen jurídico. Para ello, aquélla tratará de desvincularse de concepciones pretéritas que justificaban su existencia, tratando de hallarle su fundamento en el marco de una Constitución democrática, desentrañando, a partir de la misma, la función que dicho instituto ostenta en el ordenamiento español. A continuación, tratará de estudiarse su alcance, tanto en términos temporales como materiales, a efectos de comprobar si resulta compatible o no con la función que la inviolabilidad tiene asignada; todo ello a efectos de determinar si nos hallamos ante una justificable prerrogativa o ante un intolerable privilegio.The aim of this paper is to analyze both the role that the royal prerogative plays in the Spanish democratic system and its particular legal regime. For that purpose, it will be detached from past or historical conceptions which before justified its existence, trying to find its present foundation in the framework of a democratic Constitution, which will determine the function it is called to play in the Spanish legal order. Then, the paper will explore its legal scope, both in substantive and temporal terms, so as to verify whether it is compatible with the function the inviolability holds and, consequently, if we are dealing with a justifiable prerogative or an intolerable privilege.

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Feldman, David. "PULLING A TRIGGER OR STARTING A JOURNEY? BREXIT IN THE SUPREME COURT." Cambridge Law Journal 76, no. 2 (July 2017): 217–23. http://dx.doi.org/10.1017/s0008197317000435.

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FOLLOWING a referendum on 23 June 2016 in which 52% of voters (38% of the total electorate) had expressed a preference for the UK to leave the EU, the Government announced that it would start the process of withdrawal, in accordance with Article 50 of the Treaty on European Union (“TEU”), by notifying the European Council of the UK's decision, exercising the Government's prerogative power to conduct foreign relations. A number of legal challenges were fast-tracked to the Supreme Court. In R. (Miller) v Secretary of State for Exiting the European Union (Birnie and others intervening) [2017] UKSC 5; [2017] 2 W.L.R. 583 after an expedited hearing, the Court decided two issues: (1) whether the Government could exercise its power under the royal prerogative to give notice, or needed an Act of Parliament to authorise the giving of notice; and (2) whether the Government required the consent of devolved legislatures in Northern Ireland, Scotland and Wales before giving notice or introducing to Parliament a Bill authorising the giving of notice. The Court sat unprecedentedly with all 11 serving members. On issue (1), the Court, by an 8–3 majority, held that an Act of Parliament would be required in order to authorise the giving of notice. On issue (2), the Court unanimously held that there was no legal requirement for consent by the devolved institutions.

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40

Ward, Ian. "The Casebook of Sir Edward Coke." Pólemos 15, no. 2 (September 1, 2021): 161–90. http://dx.doi.org/10.1515/pol-2021-2012.

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Abstract Sir Edward Coke, Jacobean Lord Chief Justice, is commonly regarded as being one of the great jurists in English legal history. In considerable part, for reason of his vigorous defence of the courts of common law against the seeming intrusions of royal prerogative, his running dispute with King James I is renowned, not least as a precursor to the civil wars which would later engulf James’s son, King Charles I. The purpose of this essay is revisit Coke and, more closely still, some of his most famous judgments, in order to trace the origins of the principle of ‘legality’. It will close in whimsical tones, by wondering what Coke might have thought of ‘legal’ regime put in place in the UK during the coronavirus pandemic.

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Till, Barry. "The Worcester House Declaration and the Restoration of the Church of England1." Historical Research 70, no. 172 (June 1, 1997): 203–30. http://dx.doi.org/10.1111/1468-2281.00040.

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Abstract This article examines the Worcester House Declaration, arguably the most serious attempt at comprehension in the Church of England since the Reformation. It describes the negotiations from the Reliquiae of Richard Baxter and from an hitherto unpublished letter of Bishop Morley which centres on the proposal of conditional ordination, which would have been unacceptable to many Presbyterians. It compares the final Declaration with the original draft, demonstrating how far the king was prepared to go to meet historic Puritan demands and to incorporate the proposals made at the time by such moderate Anglicans as Gauden and Stillingfleet. It details the abortive Puritan attempt to pass the Declaration through the Commons, and assesses its status in the context of the royal prerogative.

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Smolin, M. B. "The renewed system of the Russian Empire and the royal prerogative in the projects of Lev Tikhomirov." Moscow State University Bulletin. Series 18. Sociology and Political Science 29, no. 4 (November 5, 2023): 102–24. http://dx.doi.org/10.24290/1029-3736-2023-29-4-102-124.

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As a result of the reforms of 1905–1907, an attempt was made to build a syncretic system — the Duma monarchy with an eye to the schemes of the parliamentary system of European countries, without conforming either to national traditions or to the historical conditions of Russia. The scheme of “right perestroika” proposed by L.A. Tikhomirov can be briefly defined as the introduction of a monarchical people’s representation into the state system, the purpose of which is to represent the opinions and needs of the people under the supreme power of the Sovereign Emperor. Representation and legislation in this case should be carried out by two different State institutions in the field of public administration. The monarchical people’s representation should be formed from the real-life estate and professional associations, as well as from newly emerging and recognized by the state, with the legitimized dominance of the voice of the Russian people in this representation. To do this, L.A. Tikhomirov proposed a new codification of the Basic Laws, which would consistently carry out the idea of the need for legislative freedom for the supreme power in its activities for the benefit of the Fatherland, which should be guaranteed by the autocracy and unlimited supreme power of the Sovereign Emperor.

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PARCELLS, ASHLEY. "RURAL DEVELOPMENT, ROYAL HISTORY, AND THE STRUGGLE FOR AUTHORITY IN EARLY APARTHEID ZULULAND (1951–4)." Journal of African History 59, no. 2 (July 2018): 199–219. http://dx.doi.org/10.1017/s0021853718000403.

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AbstractFrom 1951, apartheid officials sought to implement soil rehabilitation programs in Nongoma, the home district of Zulu Paramount Chief Cyprian Bhekuzulu. This article argues that these programs brought to the surface fundamental questions about political authority in South Africa's hinterland during the first years of apartheid. These questions arose from ambiguities within native policy immediately after the passage of the 1951 Bantu Authorities Act: while the power of chiefs during the colonial and segregationist era in Zululand had been tied to their control of native reserve land, in Nongoma, these development interventions threatened that prerogative at the very moment apartheid policy sought to strengthen ‘tribal’ governance. In response, the Zulu royal family in Nongoma called on treaties with the British from the conquest era, colonial law, and the very language of apartheid to reassert chiefly control over land, and more importantly, to negotiate this new apartheid political order.

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Кондратьев, С. В. "Court of High Commission, Oath Ex Offcio and the Privilege Against Self-Incrimination in English Debates at the Turn of the XVI – XVII Centuries." Диалог со временем, no. 85(85) (December 1, 2023): 203–15. http://dx.doi.org/10.21267/aquilo.2023.85.85.008.

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Статья повествует о политической дискуссии о полномочиях Суда Высокой комиссии, используемых ею инквизиционных процедурах, присяге ex officio между юристом общего права Джеймсом Морисом и юристом цивильного права Ричардом Косином в Англии в начале 1590-х гг., в ходе которых затрагивались сферы общего и цивильного права, пределы королевской прерогативы, Великая хартия вольностей, права подданных, включая право не обвинять самого себя. The article describes a political debate between common lawyer James Morice and civil Lawyer Richard Cosin on the powers of the Court of High Commission, its inquisitorial procedures, and the oath ex officio in England in the early 1590s, during which the areas of common and civil law, the limits of the royal prerogative, the Magna Carta, the liberties of subjects, including the privilege against self-incrimination were touched upon.

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Cross, Claire. "Monks, Friars, and the Royal Supremacy in Sixteenth-Century Yorkshire." Studies in Church History. Subsidia 9 (1987): 437–56. http://dx.doi.org/10.1017/s014304590000209x.

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The revolutionary changes initiated by the Government in the 1530s obliterated at a stroke the centuries-old division in England between Church and State. The preamble of the Act in Restraint of Appeals to Rome of 1533 marks particularly clearly the country’s transition from a dual to a single allegiance, setting out in a quite unequivocal expression of the new royal supremacy how by divers sundry old authentic histories and chronicles it is manifestly declared and expressed that this realm of England is an empire, and so hath been accepted in the world, governed by one supreme head and king, having the dignity and royal estate of the imperial crown of the same, unto whom a body politic, compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty, be bounden and owe to bear next to God a natural and humble obedience; he being also institute and furnished by the goodness and sufferance of Almighty God with plenary, whole and entire power, preeminence, authority, prerogative and jurisdiction to render and yield justice and final determination to all manner of folk resiants or subjects within this realm, in all causes, matters, debates and contentions happening to occur, insurge or begin within the limits thereof, without restraint or provocation to any foreign princes or potentates of the world.

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Bhute, Anupama. "Informed Consent in Obstetrics and Gynecology: Indian Scenario." International Journal of Recent Surgical and Medical Sciences 03, no. 01 (June 2017): 067–71. http://dx.doi.org/10.5005/jp-journals-10053-0043.

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AbstractInformed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment. Or, in simple words, consent is agreement or permission to do or allow something. The element of consent is one of the critical issues in the area of medical treatment today. It is well known that the patient must give valid consent to medical treatment; and it is his or her prerogative to refuse treatment even if the said treatment will save their life. No doubt this raises many ethical debates and falls at the heart of medical law today. This study reviews the various provisions by the Royal College of Obstetricians and Gynaecologists for consent in obstetrics and gynecology as well as the Indian legal provisions in consent.

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Patterson, Catherine. "Quo Warranto and Borough Corporations in Early Stuart England: Royal Prerogative and Local Privileges in the Central Courts*." English Historical Review 120, no. 488 (September 1, 2005): 879–906. http://dx.doi.org/10.1093/ehr/cei239.

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Feldman, David. "The King's Peace, the Royal Prerogative and Public Order: the Roots and Early Development of Binding Over Powers." Cambridge Law Journal 47, no. 1 (March 1988): 101–28. http://dx.doi.org/10.1017/s0008197300133744.

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One of the most useful and most-used powers that criminal courts1 have is the power to bind people over to be of good behaviour or to keep the peace. Magistrates form the view that a person (“the principal”), who might be a person of previously unblemished reputation, is likely to breach the peace or commit criminal offences. They require him to enter into a recognisance, in form a voluntary covenant or agreement, to keep the peace, or to be of good behaviour, sometimes in a set sum (say £100) for a set period. If he refuses, he can be imprisoned, regardless of the seriousness or triviality, lawfulness or unlawfulness, of the behaviour that originally brought him to court, perhaps as a witness. He may also be required to find sureties, other people who are prepared to promise that they will forfeit a sum of money (say £50 each) if their principal fails to behave. If the principal misbehaves, debts to the Crown arise of £100 from the principal and £50 from each surety. The mechanics are therefore rather similar to bail. Binding over operates today in two ways. First, it can be used after conviction for an offence as an alternative to sentence. The accused enters into a recognisance to keep the peace or be of good behaviour. If he breaches his undertaking, he can be summoned back to court to be sentenced for the original offence. Secondly, it can be used after conviction for an offence as an alternative to sentence. The accused enters into a recognisance to keep the peace or be of good behaviour. If he breaches his undertaking, he can be summoned back to court to be sentenced for the original offence. Secondly, it can be used as a preventive measure to deal with people who are before the court but have not been convicted. This latter use provides a flexible way to deal with cases arising out of disputes between neighbours and minor public order problems without the need for a full hearing. It saves time and money.

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Golden, Charles. "FRAYED AT THE EDGES: COLLECTIVE MEMORY AND HISTORY ON THE BORDERS OF CLASSIC MAYA POLITIES." Ancient Mesoamerica 21, no. 2 (2010): 373–84. http://dx.doi.org/10.1017/s0956536110000246.

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AbstractThis article explores social memory and history as they pertain particularly to secondary political centers on the edges of the Classic Maya kingdoms of Piedras Negras and Yaxchilan. Over the course of the Late Classic period (a.d. 600–900) the rulers of Maya polities in the Usumacinta River basin increasingly relied on the subordinate lords who governed these secondary centers to patrol and control the boundaries of their territories. For the rulers of any state, formulating an appropriate and coherent history to guide social memory is a critical political act for maintaining the cohesion of the political community. But as the Classic period progressed, client lords were increasingly permitted a formerly royal prerogative; they were accorded their own inscribed monuments. The monuments, together with associated ritual performances, were an integral part of the construction of history and collective memory in local communities and allowed secondary nobles to restructure social memory for their own interests. This trend, in turn, increased the potential for royal history and authority to be contested throughout the kingdom. Through several case studies this paper examines the ways that subordinate nobles could contest social memory and history sanctioned by primary rulers and the ways in which kings acted to maintain the reins of history and memory.

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Cowart, Georgia. "Carnival in Venice or Protest in Paris? Louis XIV and the Politics of Subversion at the Paris Opéra." Journal of the American Musicological Society 54, no. 2 (2001): 265–302. http://dx.doi.org/10.1525/jams.2001.54.2.265.

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Abstract After Louis XTVs banishment of the Comédie-Italienne in 1697, its costumes and masks became increasingly fashionable among a public disenchanted with absolutist politics. This article reveals the manner in which the plots, characters, and subversive satire of the Comédie-Italienne inform two ballets of André Campra, Le Carnaval de Venise (1699) and Les Fêêtes vénitiennes (1710). Following the satiric strategies used by the Comédie-Italienne, Campra and his librettists employ an exotic Venetian setting as a mask for the libertine entertainments of a French public sphere. Reversing the ideology of Louis XIVs courtly fêêtes, they deconstruct his official image in three ways: through a literary web of allusion, satire, and parody; through an Italianate musical style that serves to undermine the French language of absolutism; and through the thematic celebration of a new public audience as the subversive heir to the royal prerogative of pleasure.

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Journal articles on the topic 'Prerogative, Royal'

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