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Journal articles on the topic 'Royal prerogative of mercy'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

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

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2

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

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3

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

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4

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

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5

Burton-Bradley, Burton G. "The Power of Mercy." Australian & New Zealand Journal of Psychiatry 24, no. 3 (1990): 397–403. http://dx.doi.org/10.3109/00048679009077709.

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Throughout history heads of state have reserved for themselves the prerogative to exercise mercy and pardon not only for serious crimes but for lesser ones as well. The newly emerging state of Papua New Guinea is no exception. My experience as the psychiatrist member of the advisory committee on such executive clemency since its inception twelve years ago will be discussed.

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6

Azize, Joseph. "The Prerogative of Mercy in NSW (2007) Vol 1 Art 6." Public Space: The Journal of Law and Social Justice 1, no. 1 (2007): 1. http://dx.doi.org/10.5130/psjlsj.v1i1.539.

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The prerogative of mercy, as it applies in New South Wales, is considered in its historical context. It emerges that in 1987 the prerogative was supplemented and, to an extent, displaced by the establishment of what might be better termed ‘an extraordinary avenue of appeal’ now to be found in Part 7 Crimes (Appeal and Review) Act 2001 (NSW). It is argued that there are occasions when the prerogative power should be exercised to the full. Some proposals are made for reform of Part 7 of the Act.

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7

Harris, B. V. "JUDICIAL REVIEW, JUSTICIABILITY AND THE PREROGATIVE OF MERCY." Cambridge Law Journal 62, no. 3 (2003): 631–60. http://dx.doi.org/10.1017/s0008197303006433.

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8

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

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9

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

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10

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

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11

Cox, Noel. "THE GRADUAL CURTAILMENT OF THE ROYAL PREROGATIVE." Denning Law Journal 24, no. 1 (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

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12

Neville, Cynthia J. "Royal Mercy in Later Medieval Scotland." Florilegium 29 (January 2012): 1. http://dx.doi.org/10.3138/flor.29.1.

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13

Neville, Cynthia J. "Royal Mercy in Later Medieval Scotland." Florilegium 29, no. 1 (2012): 1–31. http://dx.doi.org/10.3138/flor.29.001.

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Towards the end of October 1308, following a campaign that saw Robert Bruce secure his hold over the region of Moray, William earl of Ross found it wise to abandon the support he had to date given to Edward I of England in favour of the new king of Scots. The earl’s treason against the latter was notorious and of long standing: he had refused to recognize Bruce’s seizure of the throne in the summer of 1306, had carried fire and sword to the king’s supporters and the women of his kindred, and had been in correspondence with the enemy English as recently as the previous spring. The singular hars

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14

Lowe, William C. "George III, peerage creations and politics, 1760–1784." Historical Journal 35, no. 3 (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 co

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15

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

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16

Raspa, Anthony. "John Donne on Royal Mercy and Pardon." ESC: English Studies in Canada 25, no. 2 (1999): 157–67. http://dx.doi.org/10.1353/esc.1999.0004.

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17

Hare, Ivan. "The Prerogative of Mercy—Judicial Review of Whether To “Let Him Have It”." Cambridge Law Journal 53, no. 1 (1994): 4–6. http://dx.doi.org/10.1017/s0008197300096707.

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18

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

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19

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

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20

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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21

Gelber, Christopher. "Reckley (No 2) and the Prerogative of Mercy: Act of Grace or Constitutional Safeguard?" Modern Law Review 60, no. 4 (1997): 572–82. http://dx.doi.org/10.1111/1468-2230.00100.

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22

Cox, Noel. "BLACK V. CHRÉTIEN AND THE CONTROL OF THE ROYAL PREROGATIVE." Constitutional Forum / Forum constitutionnel 12, no. 1, 2 & 3 (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,

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23

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

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24

Allon, Niv. "War and Order in Eighteenth Dynasty Egypt (1550‒1295 BCE)." Zeitschrift für Ägyptische Sprache und Altertumskunde 148, no. 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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25

Hough, Barry. "Judicial review where the Attorney General refuses to act: time for a change." Legal Studies 8, no. 2 (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 n

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26

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

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27

Eleftheriadis, Pavlos. "Two Doctrines of the Unwritten Constitution." European Constitutional Law Review 13, no. 3 (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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28

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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29

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 th

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30

Allan, T. R. S. "HUMAN RIGHTS AND JUDICIAL REVIEW: A CRITIQUE OF “DUE DEFERENCE”." Cambridge Law Journal 65, no. 3 (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 breache

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31

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 (2006): 203–31. http://dx.doi.org/10.1007/s10991-006-9003-0.

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32

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

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33

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 (2005): 587. http://dx.doi.org/10.7767/zrgga.2005.122.1.587a.

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34

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 (2016): 451–65. http://dx.doi.org/10.1177/0309089216628398.

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35

Jenks, Susanne. "Lacey, Helen, The Royal Pardon. Access to Mercy in Fourteenth-Century England." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 127, no. 1 (2010): 599–602. http://dx.doi.org/10.7767/zrgga.2010.127.1.599.

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36

Cookson, Neil. "Treasure Trove: dumb enchantment or new law?" Antiquity 66, no. 251 (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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37

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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38

Giancarlo, Matthew. "The Royal Pardon. Access to Mercy in Fourteenth-Century England (review)." JEGP, Journal of English and Germanic Philology 110, no. 1 (2011): 128–31. http://dx.doi.org/10.1353/egp.2011.0009.

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39

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 go

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40

McDougall, Sara. "Pardoning Infanticide in Late Medieval France." Law and History Review 39, no. 2 (2021): 229–53. http://dx.doi.org/10.1017/s0738248020000267.

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The handling of infanticide in late medieval France offers modern audiences an underappreciated paradox: on the one hand infant murder was deplored as grave sin and crime, on the other hand, it was a pardonable offence, even the infanticidal singlemother who had killed to conceal her sin could obtain royal grace. This is far more than the usual story of law differing from practice. Christian ideology of mercy and forgiveness for sin played a central role in shaping the regulation of illegitimate births as well as abortions, stillbirths, and infanticide. Church and secular authorities alike sou

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41

Pollock, Susan. "Of Priestesses, Princes and Poor Relations: The Dead in the Royal Cemetery of Ur." Cambridge Archaeological Journal 1, no. 2 (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 pre

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42

Tara Ghoshal Wallace. "‘This right of mercy’: The Royal Pardon in The Heart of Midlothian." Yearbook of English Studies 47 (2017): 203. http://dx.doi.org/10.5699/yearenglstud.47.2017.0203.

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43

Beckman, Daniel. "Law, Mercy, and Reconciliation in the Achaemenid Empire." Journal of Ancient History 8, no. 2 (2020): 127–51. http://dx.doi.org/10.1515/jah-2019-0034.

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AbstractThe kings of the Achaemenid Empire are known for employing a number of particularly gruesome punishments for those who were deemed guilty of rebellion. While it is certainly true that the Achaemenids punished rebels with utmost severity, it is also true that they were, at times, willing to forgive rebels, and even to rehabilitate them. In this paper, I investigate the mechanisms by which the Achaemenid kings were able to show mercy to rebels. By examining a number of relevant cases from a period of a century and a half, I argue that the decision to be merciful was based on the king’s f

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44

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

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45

Ben-Bassat, Yuval. "The Ottoman institution of petitioning when the sultan no longer reigned: a view from post-1908 Ottoman Palestine." New Perspectives on Turkey 56 (April 21, 2017): 87–103. http://dx.doi.org/10.1017/npt.2017.6.

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AbstractThe Young Turk Revolution of 1908 helped transform the time-honored Ottoman petitioning system. The reinstatement of parliamentary life, the reintroduction of the suspended constitution of 1876, and the lifting of the ban on the press and political action all generated profound political and social changes. Subjects’ petitions reflected these changes vividly and in often surprising detail. As the sultan became a figurehead with little actual power, petitions which hitherto had been addressed to the sultan either directly or through the grand vizier and had requested his benevolence and

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46

PARCELLS, ASHLEY. "RURAL DEVELOPMENT, ROYAL HISTORY, AND THE STRUGGLE FOR AUTHORITY IN EARLY APARTHEID ZULULAND (1951–4)." Journal of African History 59, no. 2 (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, i

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47

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 th

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48

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,

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49

Hays, L., and E. D. Jones. "Policy on the Run: Henry II and Irish Sea Diplomacy." Journal of British Studies 29, no. 4 (1990): 293–316. http://dx.doi.org/10.1086/385963.

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The activities of medieval monarchs were severely circumscribed by the environment in which they had to operate. They were at the mercy of events in a more acute sense than many modern historians realize. Difficulties of communication in particular could play havoc with royal policy such that a mooted response to a problem that had arisen could be redundant before effected. Most difficult of all would be consistency in terms of royal policy except in the most general understanding of that term, and indeed it could be argued that those historians who do tend to see “consistency” in the policies

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50

Feldman, David. "PULLING A TRIGGER OR STARTING A JOURNEY? BREXIT IN THE SUPREME COURT." Cambridge Law Journal 76, no. 2 (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] UKS

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