What the Crown May Do
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The Constitutional Role of the Privy Council and the Prerogative 3
Foreword The Privy Council is shrouded in mystery. As Patrick O’Connor points out, even its statutory definition is circular: the Privy Council is defined by the Interpretation Act 1978 as the members of ‘Her Majesty’s Honourable Privy Council’. Many people may have heard of its judicial committee, but its other roles emerge from the constitutional fog only occasionally – at their most controversial, to dispossess the Chagos Islanders of their home, more routinely to grant a charter to a university. Tracing its origin back to the twelfth or thirteen century, its continued existence, if considered at all, is regarded as vaguely charming and largely formal. But, as the vehicle that dispossessed those living on or near Diego Garcia, the Privy Council can still display the power that once it had more widely as an instrument of feudal rule. Many of its Orders in Council bypass Parliament but have the same force as democratically passed legislation. They are passed, unlike such legislation, without any express statement of compatibility with the European Convention on Human Rights. What is more, Orders in Council are not even published simultaneously with their passage. Two important orders relating to the treatment of the Chagos Islanders were made public only five days after they were passed. Patrick, originally inspired by his discovery of the essay that the great nineteenth century jurist Albert Venn Dicey wrote for his All Souls Fellowship, provides a fascinating account of the history and continuing role of the Privy Council. He concludes by arguing that its role, and indeed continued existence, should be subject to fundamental review. -
The Crown As Corporation Frederic William Maitland 1901
The Crown as Corporation Frederic William Maitland 1901 Law Quarterly Review 17 (1901) pp. 131-46. The greatest of artificial persons, politically speaking, is the State. But it depends on the legal institutions and forms of every commonwealth whether and how far the State or its titular head is officially treated as an artificial person. In England we now say that the Crown is a corporation: it was certainly not so when the king's peace died with him, and "every man that could forthwith robbed another."(1*) I quote these words from Sir F. Pollock's First Book of Jurisprudence. They may serve to attract a little interest to that curious freak of English law, the corporation sole. In a previous paper I have written something concerning its history.(2*) I endeavoured to show that this strange conceit originated in the sixteenth century and within the domain of what we may call "church property law". It held out a hope, which proved to be vain, that it would provide a permanent "subject" in which could be reposed that fee simple of the parochial glebe which had been slowly abstracted from the patron and was not comfortable in those clouds to which Littleton had banished it. Then, following in the steps of Sir William Markby, I ventured to say that this corporation sole has shown itself to be no "juristic person", but is either a natural man or a juristic abortion. If the corporation sole had never trespassed beyond the ecclesiastical province in which it was native, it would nowadays be very unimportant. -
The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2015 The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil Osgoode Hall Law School of York University, [email protected] Source Publication: (2015) 20 Review of Constitutional Studies 1-29 Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Indian and Aboriginal Law Commons Repository Citation McNeil, Kent, "The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims" (2015). Articles & Book Chapters. 2777. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2777 This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil* This article examines the application of the L'uteur de cet article examine l'pplication theory ofthe unity ofthe Crown in Canada in de la theorie de Punite de la Couronne the context of Indigenous peoples. It reveals a au Canada dans le contexte des peuples consistent retreat by the courtsfrom acceptance autochtones. I rivile une retraite constante of the theory in the late nineteenth century to de la part des tribunaux de lipprobation de rejection ofit in the secondhalfofthe twentieth la theorie a la fin du dix-neuvidme sicle a century. This evolution ofthe theory' relevance, son rejet au cours de la deuxidme moiti du it is argued, is consistent with Canada federal vingtidme sidcle. -
Exclusivity of Postal Services Within Jersey: Termination of Agreement Between the States of Jersey and the United Kingdom
STATES OF JERSEY r EXCLUSIVITY OF POSTAL SERVICES WITHIN JERSEY: TERMINATION OF AGREEMENT BETWEEN THE STATES OF JERSEY AND THE UNITED KINGDOM Lodged au Greffe on 14th February 2006 by the Minister for Economic Development STATES GREFFE PROPOSITION THE STATES are asked to decide whether they are of opinion having regard to the proposed commencement of the provisions of the Postal Services (Jersey) Law 2004, on 1st April 2006, to approve the signature by the Minister for Economic Development of the draft agreement annexed hereto, to terminate the agreement made between the Postmaster General and the Greffier of the States of 15th August 1969. MINISTER FOR ECONOMIC DEVELOPMENT REPORT This draft Agreement will have the effect of ending the existing Agreement, made on 15th August 1969 (“the 1969 Agreement”), by virtue of which the exclusive privilege conferred on the Post Office by section 3 of the Post Office Act 1953 to provide postal services was surrendered, in respect of the Bailiwick of Jersey, and the administration of those services was to be provided, instead, by the States of Jersey. The Agreement, made between the Postmaster General (on behalf of the U.K. Government) and the Greffier of the States can be found in Schedule 1 to the Postal Services (Jersey) Order 1969 (“the 1969 Order”). The continued existence of the 1969 Agreement and the 1969 Order is, of course, inconsistent with the provisions of the Postal Services (Jersey) Law 2004[1]. The 1969 Order will be revoked by a further Order in Council, in due course, but the 1969 Agreement has an independent existence and revocation of the Order will not automatically terminate it, hence the need for the draft Agreement, which the States are now asked to consider. -
PUBLIC RECORDS ACT 1958 (C
PUBLIC RECORDS ACT 1958 (c. 51)i, ii An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes. [23rd July 1958] General responsibility of the Lord Chancellor for public records. 1. - (1) The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records. (2) There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office. The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify. [(2A) The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.iii] (3) The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records. -
THE LONDON GAZETTE, 3 JUNE, 1924. 4447 in the County of Lancaster
THE LONDON GAZETTE, 3 JUNE, 1924. 4447 In the county of Lancaster. 8. An Area comprising: — The county boroughs of St. Helens and In the county of Gloucester. Warrington. The borough of Leigh. The petty sessional division of Campden. The petty sessional division of Warrington, In the county of Oxford. and The parishes of Claydon, Clattercote, The parishes of Bold, Ashton-in-Makerfield, Mollington, Copredy, Bourton, Hamwell, Abram, Lowton, Kenyon, and Culcheth. Horley, Hornton, Wroxton, Dray ton, North Newington, East Shutford, West Shutford, In the county of Salop. Swalcliffe, Sibford Ferris, Sibford Gower, The borough of Oswestry. Epwell, Shenington, and Alkerton. The petty sessional division of Oswestry, and In the county of Northampton. The parishes of Ellesmere Rural, Bllesmere The borough of Daventry. Urban, Welshampton, Whitchurch Rural, Whitchurch Urban, Ightfield, and Ruyton of The petty sessional division of Daventry, the Eleven Towns. and The parishes of Upper Boddington, Lower In the county of Denbigh. Boddington, Bugbrooke, Kislingbury, Upton, The borough of Wrexham, and Harpole, Upper Heyford, Nether Hey ford, The petty sessional divisions of Bromfield, Floore, Brington, Althorp, Harlestone, Church liuabon, and Brampton, Chapel Brampton, Spratton, Holdenby, East Haddon, Ravensthorpe, The parish of Chirk. Teeton, Great Creaton, Cottesbrooke, Hollo- In the county of Flint. well, Coton, Guilsborough, Thornby, Cold The petty sessional divisions of Hope, and Ashby, Welford, Sulby, Hothorpe, Marston Overton, and the detached part of the petty Trussell, Sibertoft, Olipston, Naseby, Hasel- sessional division of Hawarden. bech, Kelmarsh, and Maidwell. 6. An Area comprising: — In the county of Worcester. In the couniy of Stafford. The borough of Stourbridge. -
Judicial Review Portfolio Holders
Appendix Title: Local Government Re-organisation – Judicial Review Portfolio Holders: Cllr Graham Payne, Leader Cllr Rod Eaton, Change and Integration Portfolio Holder Reporting Officer: Nicola Mathiason - Head of Legal and Democratic Services Andrew Pate - Chief Executive Key Decision: No ______________________________________________________________ Purpose • To decide whether to redirect the Council's legal efforts and resources, from a separate judicial review, to support for the Shrewsbury and Atcham and Congleton appeal. Background • On 8 August 2007 Cabinet agreed that the Council should commence legal proceedings for Judicial Review against the Secretary of State’s decision about Local Government Reorganisation in Wiltshire. The Council’s case has been ‘on hold’ until the result of the Shrewsbury and Congleton Judicial Review was known. The judgement in this case has now been delivered. The judicial review was unsuccessful. The High Court Judge held that the Secretary of State had common law powers available to her to carry out the process, that she did not have to be satisfied that a proposal met the criteria at the time of the assessment and that she had not acted irrationally. Key Issues • Advice has been taken from our Counsel (who also acts for Shrewsbury and Congleton) on whether we should now continue with our case in the light of the Shrewsbury judgement. We have been advised that unless the Shrewsbury judgement is appealed successfully we cannot effectively progress our case. The grounds of our case are similar and the arguments we would raise are much the same as Shrewsbury raised. We have been advised that we should focus on supporting an appeal by Shrewsbury and Congleton. -
Page 1 Halsbury's Laws of England (3) RELATIONSHIP BETWEEN THE
Page 1 Halsbury's Laws of England (3) RELATIONSHIP BETWEEN THE CROWN AND THE JUDICIARY 133. The monarch as the source of justice. The constitutional status of the judiciary is underpinned by its origins in the royal prerogative and its legal relationship with the Crown, dating from the medieval period when the prerogatives were exercised by the monarch personally. By virtue of the prerogative the monarch is the source and fountain of justice, and all jurisdiction is derived from her1. Hence, in legal contemplation, the Sovereign's Majesty is deemed always to be present in court2 and, by the terms of the coronation oath and by the maxims of the common law, as also by the ancient charters and statutes confirming the liberties of the subject, the monarch is bound to cause law and justice in mercy to be administered in all judgments3. This is, however, now a purely impersonal conception, for the monarch cannot personally execute any office relating to the administration of justice4 nor effect an arrest5. 1 Bac Abr, Prerogative, D1: see COURTS AND TRIBUNALS VOL 24 (2010) PARA 609. 2 1 Bl Com (14th Edn) 269. 3 As to the duty to cause law and justice to be executed see PARA 36 head (2). 4 2 Co Inst 187; 4 Co Inst 71; Prohibitions del Roy (1607) 12 Co Rep 63. James I is said to have endeavoured to revive the ancient practice of sitting in court, but was informed by the judges that he could not deliver an opinion: Prohibitions del Roy (1607) 12 Co Rep 63; see 3 Stephen's Commentaries (4th Edn) 357n. -
British Reaction to the Sepoy Mutiny, 1857-1858 Approved
BRITISH REACTION TO THE SEPOY MUTINY, 1857-1858 APPROVED: Major /Professor mor Frotessar of History Dean' ot the GraduatGradua' e ScHooT* BRITISH REACTION TO THE SEPOY MUTINY, 1857-185S THESIS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Samuel Shafeeq Denton, Texas August, 1970 PREFACE English and Indian historians have devoted considerable research and analysis to the genesis of the Sepoy Mutiny of 1857 but have ignored contemporary British reaction to it, a neglect which this study attempts to satisfy. After the initial, spontaneous, condemnation of Sepoy atrocities, Queen Victoria, her Parliament, and subjects took a more rational and constructive attitude toward the insurrection in India, which stemmed primarily from British interference in Indian religious and social customs, symbolized by the cartridge issue. Englishmen demanded reform, and Parliament-- at once anxious to please the electorate and to preserve the valuable colony of India--complied within a year, although the Commons defeated the first two Indian bills, because of the interposition of other foreign and domestic problems. But John Bright, Lord Edward Stanley, William Gladstone, Benjamin Disraeli, and their friends joined forces to pass the third Indian bill, which became law on August 2, 1858. For this study, the most useful primary sources are Parliamentary Debates. Journals of the House of Commons and Lords, British and Foreign State' Papers, English Historical Queen Victoria's Letters , and the Annual' Re'g'i'st'er. Of the few secondary works which focus on British reac- tion to the Sepoy Mutiny, Anthony Wood's Nineteenth Centirr/ Britain, 1815-1914 gives a good account of British politics after the Mutiny. -
Premium Savings Bonds Regulations 1972
PREMIUM SAVINGS BONDS REGULATIONS 1972 JERSEY REVISED EDITION OF THE LAWS 06.198 APPENDIX 3 Jersey R & O 5680 Premium Savings Bonds Regulations 1972 Jersey R & O 5680 National Debt Act 1958. National Loans Act 1968. Post Office Act 1969. ____________ PREMIUM SAVINGS BONDS REGULATIONS 1972. ____________ (Registered on the 30th day of June, 1972). ____________ ARRANGEMENT OF REGULATIONS. PRELIMINARY. 1. Citation and commencement. 2. Interpretation. ISSUE AND PURCHASE OF BONDS. 3. Issue, purchase and registration of bonds. 4. Persons entitled to purchase and hold bonds. 5. Maximum holding of bonds. 6. Minimum purchase of bonds. PAYMENTS IN RESPECT OF BONDS. 7. Applications for payment. 8. Warrants. 9. Payment in case of persons under 16 years of age. 10. Payment in case of mentally disordered persons. 11. Payment in case of bankrupts. PAYMENT IN CASE OF DEATH. 12. Payment under grant of representation. 13. Payment without a grant of representation. 14. Law applicable on holder’s death. MISCELLANEOUS. 15. Unclaimed moneys due in respect of bonds. 16. Persons under disability. 17. Payments into National Savings Bank. 18. Loss of bonds, etc. 19. Forfeiture of bonds. 20. Persons unable to write. 21. Rectification of mistakes. 22. Settlement of disputes. 23. Notice of trust not receivable by Director of Savings. 24. Exemption from stamp duty. 25. Fees for birth, death and marriage certificates. 26. Indemnity of Treasury, Director of Savings and officers. 27. Savings of rights of third parties. 28. Form of documents. Revised Edition – 31 August 2004 Page - 3 Chapter 06.198 4 Jersey R & O 5680 Premium Savings Bonds Regulations 1972 29. -
Institute of Commonwealth Studies
University of London INSTITUTE OF COMMONWEALTH STUDIES VOICE FILE NAME: The Hon. Michael Kirby SO: Sue Onslow (Interviewer) MK: Michael Kirby (Respondent) SO: This is Sue Onslow talking to the Honourable Michael Kirby in Sydney on Friday, 28th March, 2014. Mr Kirby, thank you very much indeed for agreeing to take part in this oral history project. I wonder if you could begin by reflecting, Sir, on the establishment of the Eminent Persons’ Group of 2009-2010? Obviously, this came out of the Port of Spain affirmation in 2009, but I wondered if you could lay some background of how you came to be appointed to that group? MK: I’m not sure how the appointment came about. Sometimes it’s better not to know how appointments to national or international bodies occur. However, I was approached, first, I think, by a representative of the Australian government to ask if I would serve; then I received a letter from the Secretary- General, Mr Sharma, and he invited me to serve. I then accepted, and I served. But I’m not aware of the steps that were taken to secure my appointment. They may have arisen out of the fact that I had taken quite an active part over the years in the work of the Legal and Constitutional Affairs Division of the Commonwealth. I had contributed repeatedly to the Commonwealth Law Bulletin. I had gone repeatedly to Commonwealth Law conferences, and presented papers at them. I had not been a member of the political activities of the Commonwealth, but of basically the legal and support systems of the Commonwealth, which is often where it does its best work. -
The Congleton Accounts: Further Evidence of Elizabethan and Jacobean Drama in Cheshire
ALAN C . COMAN The Congleton accounts: further evidence of Elizabethan and Jacobean drama in Cheshire Last summer, while conducting my research into the influence on Elizabethan and Jacobean drama of schoolmasters and household tutors in the northwest of England - viz, Cheshire, Lancashire, Shropshire (Salop) and Westmorland (Cumbria) - I came across some evidence of dramatic activities in Congleton that I believe are as yet undocumented but are significant in several respects . Since it was a chance discovery right at the end of my stay, what is presented here is only a cursory examination of the records, not a thorough and complete study . In the Cheshire County Record Office, I had occasion to consult Robert Head's Congleton Past and Present, published in 1887 and republished presumably as a centenary tribute in 1987, and History of Congleton, edited by W .B. Stephens and published in 1970 to celebrate the 700th anniversary of the town's royal charter.' Although my immediate concern was with the history of Congleton Grammar School and any possible dramatic activity connected with it, I was struck by references to the town's notorious week-long cockfights and bearbaits, and the even more intriguing assertions that the cockpit was usually in the school and that the schoolmaster was the controller and director of the pastime, reclaiming all runaway cocks as his own rightful perquisites . Head's book gave an entry from the borough's accounts : `1601. Payd John Wagge for dressyige the schoolhouse at the great cock fyghte . ..0.0.4d'. Because the aforementioned sports and pastimes were said to have drawn all the local gentry and nobility to the schoolhouse, the schoolmaster might also have undertaken some dramatic activities ; the town could have attracted touring companies at such times .