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03 June 2022 / Michael L Nash
Issue: 7981 / Categories: Features , Constitutional law
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Duty & dignity

83620
Michael L Nash shares his reflections on a remarkable reign

The powers and privileges of the British sovereign are many and various, and they derive from a multiplicity of sources. Those who criticise the exercise of these powers often do not know their origin, or how and why they are used. Queen Elizabeth II’s reign has not been without its controversies and scandals—Queen Victoria had her fair share and still came out on top. Why have these controversies arisen?

The answer lies in the nature of our constitution: lex scripta and lex non scripta, laws written and laws unwritten. In most other major European monarchies, the parameters of the powers and privileges of the sovereign are clearly defined in the constitution, which is found in one written document, and which began at one definite point in that nation’s history.

One must also remember the memories of powers exercised (generally without any question) in the dynasties from which they have come, and there have been quite a number of such dynasties. The one most potent in memory and exercise for a long

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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