Executive - Prerogtive Flashcards
Harris
Third Source - Ram Doctrine
Diplock
Crown - all ministers who direct gov admin work
Wade
Crown - queen in official capacity
Sunkin
Crown - institutional and symbolic
Blackstone
Prerogative = rights enjoyed by the king alone
singular + eccentric
Locke
Prerogative = power to act according to discretion for the public good, without the prescription of the law and sometimes against it’
Dicey
Prerogative = discretional + residual
Wade
Prerogative = Blackstone + legal consequences
GCHQ
Can JR PP (prohibit union - nat security)
Bancoult No 2
Ordinance similar but not the same to AoP - can JR
Island - not unlawful
De Keyser Royal Hotel
& Statute
Need to pay under statute - cannot use PP - Statute rules
Northumbria Police Authority
& Statute
Power to maintain peace - not ousted by statute
Fire Brigades Union
& Statute
Cannot frustrate AoP - on such a day as SoS might see fit
BBC v Johns
BBC not emanation of crown= need to pay tax
Shrewsbury v Atcham
3rd Source Organise Local Gov CARNNATH: constraints RICHARDS: no qualifications WALLER: some constraints
Miller 2017
III Category of Rights
Cannot use PP to alter domestic rights but can use at int’l level precisely because there are no domestic effects
Case of Proclamations 1610
The K by proclamation cannot change any part of the common law, statute law or customs of the realm
