Sentences with phrase «prerogative powers»

The majority of the Supreme Court justices adopted the argument that succeeded in the High Court, namely that rights conferred by an Act of Parliament (the European Communities Act 1972) can only be removed by another Act of Parliament and not by royal prerogative powers.

As part of that reform agenda, Brown proposed that a general review of prerogative powers be carried out.

The government's submissions on s 2 (1) of ECA 1972 «gave no value to the usual constitutional principle that, unless Parliament legislates to the contrary, the Crown should not have power to vary the law of the land by the exercise of its prerogative powers» (at [84]-RRB-.

More broadly, this ruling will be studied closely by constitutional lawyers as it addresses a number of central issues, including the interplay between the Government's executive powers in international law and legislative sovereignty, the powers of the Court to supervise the exercise of prerogative powers particularly where existing law or rights are affected, and the fundamentally political, not legal, nature of the Sewel Convention on consultation of devolved legislatures.

The wide and profound extent of the legal changes in domestic law created by ECA 1972 made it especially unlikely that Parliament intended to leave their continued existence in the hands of the Crown through the exercise of its prerogative powers.

«Parliament having taken the major step of switching on the direct effect of EU law in the national legal systems by passing the ECA 1972 as primary legislation, it is not plausible to suppose that it intended that the Crown should be able by its own unilateral action under its prerogative powers to switch it off again» (at [87]-RRB-.

It provides a statutory basis for the Civil Service in place of the Prerogative powers under which it currently operates.

Prerogative powers will still, however, be relied on in relation to security vetting.

However, the court in ex parte C accepted the position of Professor Wade that this description is best confined to the limited number of recognised «specific prerogative powers».

Despite this finding, the Court expressed the appropriate deference to the government and respect of the prerogative powers of the executive by providing declaratory relief instead of a specific remedy, given that,

Heard by all 11 Justices of the Supreme Court, it considered prerogative powers, Parliamentary sovereignty, the status of EU law, the devolution legislation and the role of constitutional conventions (instructed by the Government Legal Department)

Proceedings for judicial review have been brought in the High Court of Justice in London before The Lord Chief Justice, The Master of the Rolls and Lord Justice Sales in order to obtain a declaration from the Court on whether, under UK constitutional laws, the Government can lawfully use prerogative powers to give notification to the EU under art. 50 of the Lisbon Treaty without the Parliament's formal authorisation.

The argument on the other side is that there is a wider constitutional principle which is that it is not open to the Government to take such a fundamental and irreversible constitutional step by exercise of the prerogative powers.

The court's decision was based on the rule that prerogative powers could not deprive people of their existing EU rights acquired by virtue of the European Communities Act 1972, which would disappear once notice under Art 50 resulted in the UK leaving the EU.

As part of its review of prerogative powers, the green paper indicated that it proposed to consult on the way in which the «Ponsonby Rule» should be placed on a statutory footing.

The arguments in the Brexit litigation over Article 50 TEU were effective because, as incorporated, the EU Treaties had given rise to domestic rights that could not simply be abrogated by the executive exercising prerogative powers.

The British government is using its prerogative powers to revoke the passports of those intending to travel to Syria and those believed to be there already.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

Out came the books and articles on referendums, on prerogative powers, on parliamentary sovereignty and legislative competence.

Advice on public powers, including statutory interpretation and prerogative powers, constitutional and public law requirements, and advising on adopting new policies and ways to deliver public services within existing statutory frameworks.

A comprehensive catalogue (available in Britain not Canada) does exist and covers some of the following major areas related to the application of prerogative powers.

R (MILLER) V SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION In this briefing, Tom Leary considers the Divisional Court's recent Brexit judgment on the government's power to give notice under Article 50 of the TEU for the United Kingdom to cease membership of the EU The prerogative powers The prerogative powers are the residual...

As an aspect of the sovereignty of Parliament it has been established (during the original English Civil War) that the Government of the day can not by exercise of prerogative powers override legislation enacted by Parliament.

This principle is of critical importance and sets the context for the general rule on which the Government seeks to rely — that normally the conduct of international relations and the making and unmaking of treaties are taken to be matters falling within the scope of the Crown's prerogative powers.

-- The government could pull out of the ECJ using Royal Prerogative powers if any such shenanigans to usurp the referendum were attempted.

Some prerogative powers have already been placed on a statutory footing proving it can be done.

Prerogative powers have also been stretched with ministerial appointments no longer the preserve of the prime minister.

But the biggest impact has been the stretching of the constitution to accommodate two parties in office by way of collective responsibility and prerogative powers — not to mention the new role of manifestos as documents to negotiate a Coalition Agreement.

The Conservative manifesto pledged in 2010 to make Royal Prerogative powers, such as the declaration of war, subject to «greater democratic control».

Her supporters argue that under Crown prerogative powers the government can take such decisions on its own but the precedent of the 2013 vote (which defeated David Cameron) makes this harder to maintain than it used to do.

Richard Drax, a Conservative, asks if the government is worried about the courts stopping ministers using prerogative powers to go to war.

«This executive decision made using the Queen's prerogative powers has significant constitutional implications and is an abuse of power,» said shadow leader of the House Rosie Winterton.

There are three main prerogative powers recognised under the common law which still reside in the jurisdiction of the Crown.

The court decided that the UK government were within their rights to use prerogative powers in this way.

One of the royal prerogative powers derived from the crown, rather than parliament, is the prime minister's ability to commit troops in armed conflict.

I think it much more likely to build broad support in Parliament for putting Royal Prerogative powers on a statutory basis («strenthening Parliament») than seeing abolishing the monarchy as a likely route to do this.

The MoJ response to Gordon Brown's green paper on Royal Prerogative powers was hopeless Sir Humphreyism and mysticism.

Government Ministers exercise the majority of the prerogative powers either in their own right or through the advice they provide to the Queen which she is bound constitutionally to follow.

Royal prerogative powers are now effectively controlled by the government.

«There has been an implication that these prerogative powers are quaint and sweet but actually there is real influence and real power, albeit unaccountable,» scholar John Kirkhope, who sought the papers for postgraduate study at Plymouth University, said.

The king could therefore use the increasing prerogative power of the monarchy to raise revenue by arbitrarily adjusting fines, taxes, and feudal obligations (or «incidents»).

Lawyers for the trio have also said they will petition President Mahama to invoke his prerogative power of mercy for the three, whose sentencing they consider harsh.

The FPTA removed that prerogative power and instead placed the authority to call early elections in the hands of parliament.

The clearest route would be to abolish the monarchy and replace it with an elected presidency, which would exercise the prerogative power over dissolution.

Former Attorney General and Minister for Justice, Martin Amidu, has said there is nothing wrong with calls for the President to exercise his prerogative power of mercy, in the case of the Montie FM trio, jailed four - months by the Supreme Court for contempt.

A group affiliated to the NDC, which calls itself the Research and Advocacy Platform (RAP) were first to seek signatures in a petition, to compel President Mahama to use his prerogative power of mercy to free the three.

Currently the prime minister holds the prerogative power and does not need parliament's formal approval to deploy troops.

The Fixed - term Parliaments Act 2011 abolished the prerogative power to dissolve Parliament.

R (MILLER) V SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION Gordon Nardell QC andTom Leary examine the Supreme Court's judgment in Miller [2017] UKSC 5 and ask where it leaves the Crown's prerogative power to conduct foreign affairs Forget the experts.With William Hill offering odds of 5/2 (a 28 % chance) on the Government winning...

The central contention of the Government in the present case is that Parliament must be taken to have intended when it enacted the 1972 Act that the Crown would retain its prerogative power to effect a withdrawal from the Community Treaties (now the EU Treaties), and thereby intended that the Crown should have the power to choose whether EU law should continue to have effect in the domestic law of the UK or not.