Tuesday 5 April 2011

4 - Prerogative and Statute

Source: Core Text on Constitutional and Administrative Law

A summary of this chapter is given below:

1) Royal Prerogative - History and the present context (it is issued in the name of the crown by the executive), difference between Dicey and Blackstone test

2) Interaction between royal prerogative, statutes and courts - see Burma Oil Case, GCHQ case (where it was held that RP can be reviewed by the court. Further see the limitations laid down in Blackburn etc), views of Billings and Pontin

3) See the list of RPs including order required for a Bill to become an Act (answer to the question 8 of the sample questions given by Kaplan lies here)

4) Scope for reform

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