Crown Powers, Subjects and Citizens
A&C Black, 1 janv. 1998 - 343 pages
In the growing debate about constitutional reform and the future of the monarchy in Britain, little consideration has hitherto been given to the immense powers exercised in the Queen's name by ministers under the royal prerogative. Crucial decisions are made under the prerogative in relation to defence, foreign policy, immigration, the secret services and the management of the Civil Service without prior Parliamentary approval, adequate political accountability or effective judicial review. On the basis of the prerogative, ministers withhold passports, override statutes and legislate in the Council of Ministers of the European Community.
This book examines the historical development and the legal and political scope of prerogative powers and Crown immunities as they affect the exercise of rights by citizens and non-citizens. It traces the changing relationship between individual and state, from subjecthood and allegiance to the Crown in a secretive state, to a participating legal and political citizenship in an open society and a widening British and European context. It addresses issues of key importance in the current constitutional debate about political and legal accountability, citizenship and human rights, and contributes to the debate about the future of the British monarchy and its remaining constitutional functions.
Avis des internautes - Rédiger un commentaire
Aucun commentaire n'a été trouvé aux emplacements habituels.
Table des matières
Prerogative Powers and the Constitution
The Judicial Review of Prerogative Powers
Freedom of Movement
National Defence and the Security Services
The Civil Service
The Crown and the Courts
Miscellaneous Prerogative Powers
The Myth of Parliamentary Accountability and Control
From Subjecthood to Citizenship
Autres éditions - Tout afficher
Expressions et termes fréquents
accepted accountability action administrative aliens Appeal application armed attempt authority basis become body breach British called century Chapter citizens citizenship civil servants Civil Service claim clear committees common law concerned constitutional continued contract Convention Council courts criminal Crown decision defence Department described direct duty effect established European example executive exercise existing extent fact forces foreign functions give given held Home Secretary House immigration immunity important individuals interest involved issue judges judicial review Justice King largely least legislation limited Lord majority matters means Member ministers monarch obligation observed Office operate Parliament parliamentary party person political position practice prerogative powers principle procedural proceedings protection Queen question reason recently recognized refused relation remains Report responsibility royal rules seen statute statutory tort Treaty United Kingdom