The Nature of the Crown
A Legal and Political Analysis
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Product details:
- Publisher Clarendon Press
- Date of Publication 24 June 1999
- ISBN 9780198262732
- Binding Hardback
- No. of pages394 pages
- Size 242x163x27 mm
- Weight 680 g
- Language English 0
Categories
Short description:
Until now the Crown has remained a somewhat elusive concept receiving surprisingly little attention from constitutional lawyers, considering it represents the legal and political structure of the state. During a period of political transformation in the UK, on the one hand being devolved (e.g. the Scottish Parliament) and on the other being absorbed into the European Union, this is a timely book which explores the central power of the state in its legal and political context. This book draws together a unique collection of essays written by experienced academics and practitioners that explores what the Crown is, or might be, in contemporary theory and practice and the critical issues relating to it.
MoreLong description:
This book explores the nature of the Crown in its legal and political context. Here the term The Crown is being used, not as a direct reference to the Queen but, as a reference to the central power of the State which exercises legal and political authority. It is a surprising fact that the nature of the Crown has not been the object of extensive literature with pride of place on constitutional law courses. The nature of the Crown has been taken for granted, in part because it is so fundamental and in part because many academics have no idea what the term The Crown amounts to. This book aims to redress this state of affairs by drawing together in one book a collection of essays that explores what the Crown is, or might be, and the critical issues relating to it.
The Crown refers to the authority of Government and the very entity of Government. All the people going about the Governments business, Ministers of the Crown and civil servants do so under the cloak of the Crown with its powers and immunities. The idea of democracy may appear central to our political arrangements but the legal facts are that the Crown subsists not merely as the power: it is the state. If the legal facts of our political arrangements clash with our individual beliefs about democracy then that clash is of the highest importance.
This study of 'the Crown' is major, accurate and exhaustive. It is a credit to the Oxford University Press. The leading academic constitutional lawyers of our time have each contributed to a chapter looking at the theory of 'the Crown' historically, philosophically and legally. Their collective learning is immense, and is deployed without pity.
Table of Contents:
Introduction
The Crown, Ministers and Officials
The State, The Crown and the Law
The Royal Prerogative
The Crown and the Changing Nature of Government
The Antinomies of the Law Officers
Crown Privileges
Judicial Review and the Prerogative Powers of the Crown
Legal Remedies against the Crown and its Officers
The Crown and Accountability for the Armed Forces
The Crown and its Employees
The Community, the Crown and the State
Constitutional Reform and the Crown
