Crown Powers, Subjects and Citizens
A&C Black, 1998 M01 1 - 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.
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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