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Royal Law: Prerogative Foundations

Royal Law: Prerogative Foundations

Author: Robert Craig
Publisher: Hart Publishing
ISBN: 9781509965953
Published In: May 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,170.00

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Description
Contents

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This book argues that all non-statutory powers of the Crown are royal prerogative powers and asserts that the Crown does not possess or exercise any 'third source' powers, common law powers or 'Ram doctrine' style freedoms.

It take as its starting point AV Dicey's definition that the royal prerogative comprises all non-statutory rights, powers, duties, and immunities of the Crown. And it goes on to argue that the famous alternative definition given by Blackstone, that prerogative powers are only those powers that are exclusive to the Crown, must be reconsidered.

The book states that the legal powers of the Crown that appear to resemble private law powers such as ex gratia payments are in fact rooted in the prerogative powers of administration and justice. It explains that the latter is also the original source of legal authority and legitimacy of common law judicial decisions. Common law is, or was, royal law. Third source of judicial authority, a higher 'common law' does not exist. There are only two ultimate sources of jurisdictional authority in this country: statute and prerogative.

It states that Wade's definition of prerogative is wrong. Wade claimed that the Crown has prerogative powers as well as common law powers. The book argues, contra Wade, that the Crown has no common law powers. Nor does it have any 'third source freedoms' as suggested by Harris. If this is correct, then recent case law considering third source powers must be reconsidered as examples of judicial regulation of prerogative powers, including an often-overlooked prerogative power to administer the realm.

1. Introduction

Part I: Royal Prerogative

2. Prerogative Foundations

3. Refining the Definition of Prerogative

4. Can Prerogative Affect the Common Law?

5. Constitutional Architecture

Part II: The Crown

6. The Crown and Common Law

7. Prerogatives are Exclusive to the Crown

8. Crown Proceedings Act 1947

Part III: 'Third Source'

9. The Myth of Third Source Powers