LAW1035 · Week 2

Root
Topic
Theme
Sub-theme
Detail
Case
The Crown
Revolution Settlement 1688–1707
Constitutional Framework
Sovereignty: King → King in Parliament
Break in legal continuity
Monarchical → parliamentary constitution
Burmah Oil v Lord Advocate
Case of Henry Sampson Woodfall
Powers of Crown Limited
Prerogative = remaining Crown authority
Case of Proclamations
Bill of Rights 1688, arts 1–2
Fitzgerald v Muldoon
British Railways Board v Pickin
Other Key Reforms
Annual sitting of Parliament
Commons primacy over taxation
Auckland Harbour Board v R
Judicial independence: Act of Settlement 1701
Parliamentary privilege: Art 9 Bill of Rights
Free press: end of licensing
Control over standing army
Succession regulated by Parliament
Act of Union 1707
Blackstone vs Dicey
Blackstone
Legal position of Crown catalogued
Appeared medieval and monarchical
Dicey
Law moderated by conventions
Conventions explain real operation
Two pillars: sovereignty + Rule of Law
Modern Terminology
Crown as Body Politic
Legal metaphor, not monarch personally
Three organs of state
Legislature, executive, judiciary
Ranaweera v Ramachandran
*Case: R (Miller) v SSEU* (Miller #1)
Lord Diplock's Analysis
Three functions: executive, legislative, judicial
BBC v Johns
Town Investments v Dept of Environment
X v Lord Advocate [2025]
Crown includes judicial/legislative powers
Crown as public office
Prohibitions del Roy
Crown in Right of…
Divisible Crown: UK, Scotland, Wales, NI
Each a distinct juristic entity
Common law creature, statute-controlled
Devolution statutes clarify role
Northern Ireland Act 1998, s 23(1)
Government of Wales Act 2006, ss 87, 89
The Constitutional Monarch
King's Two Bodies
Body natural: private capacity
Body politic: perpetual succession
Willion v Berkley
*Case: X v Lord Advocate* [2025]
Head of State Role
Dignified part of constitution
Bagehot: consult, encourage, warn
Soft power: consent to bills
Cabinet Manual (2011), ch 1
Reserve Powers
Appointing Prime Minister
Royal Assent
Dissolution of Parliament
Prorogation
Limited by conventions
Constitutional Conventions
Dark Matter Metaphor
Not enforceable by courts
Modify application of law
Miller #1 [146], [151]
Role and Purpose
Ensure democratic accountability
Govern exercise of prerogative
Ultimate object: will of electors
Dicey, LOTC 191
Umbrella Conventions
Constitutional monarchy
Responsible government
The Legislature
Parliament's Composition
Monarch + Lords + Commons
Common law institution
Act of Union 1800, Art 3
Crown's Role in Parliament
Words of enactment
The Prince's Case
*Case: X v Lord Advocate* [2025]
Bicameralism principle
Parliament Acts 1911–1949
Commons can override Lords
R (Jackson) v Attorney General
Parliamentary sovereignty: common law construct
Royal Assent
Prerogative power, Royal Assent Act 1967
Conventionally a formality
Queen Anne 1708: acted on advice
Prerogative Powers re Parliament
Prorogation: *Case: R (Miller) v PM* (Miller #2)
Dissolution: DCPA 2022, s 2
Writs for elections
The Executive
HM Government
Single body of ministers
R (BAPIO) v SSHD
Cabinet Manual (2011), ch 3
Cabinet
Creature of convention
Formally headed by monarch
PM is head; First Lord of Treasury
Collectively responsible to Parliament
Ministerial Appointments
King appoints on PM advice
Prerogative or statutory office
Statutory limits on numbers
HC Disqualification Act 1975
Ministerial Salaries Act 1975
Foreign Affairs Power
Most significant prerogative area
*Case: JH Rayner v DTI* (Tin Council)
Miller #1 [53]–[55]
Dualism: treaties ≠ domestic law
Miller #1 and Article 50
Prerogative cannot change domestic law
ECA 1972 conduit pipe
Parliament must authorise
The Judiciary
Crown in its Courts
King is font of justice
Judges hold Crown commissions
*Case: X v Lord Advocate* [2025]
Total separation since 2009
Gilham v Ministry of Justice
Judicial Independence
Act of Settlement 1701
Quamdiu se bene gesserint
CRA 2005, s 3: duty to uphold
Starrs v Ruxton
Judicial Review
Inherent High Court jurisdiction
Supervisory, not appellate
Prerogative orders: mandatory, quashing, prohibition
800-year-old jurisdiction
M v Home Office
Executive obeys law as necessity
Not as matter of grace
*Case: M v Home Office* [1994]
"Reverse the Civil War" dictum
The Constitutional Core
Three Pillars
Parliamentary Sovereignty: legislative power
Rule of Law: controlling power
Constitutional Monarchy / Responsible Government
Continuing Revolution
1688–89: Parliament supreme
1701: judicial independence
C19th: cabinet government
C20th: Commons pre-eminence
C21st: rights, devolution, Brexit