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18 March 2016 / Nicholas Dobson
Issue: 7691 / Categories: Features , Public
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Hands off

Nicholas Dobson examines the use of prerogative powers & review

The Queen of Hearts in Lewis Carroll’s Alice’s Adventures in Wonderland was afforded a broad margin of appreciation in her use of prerogative powers. Untroubled by any contemporary notion of rights (human or animal), her principal instrument of governance was capital punishment. She utilised this with great and casual frequency to resolve any juristic matter. As Carroll indicates: “The Queen had only one way of settling all difficulties, great or small. ‘Off with his head!’ she said, without even looking round.” Worth noting also was another of her jurisprudential principles: “Sentence first—verdict afterwards.”

However, the UK as a mature democracy with a constitutional monarchy has rather more measured arrangements. And while prerogative powers remain (famously defined by British jurist and constitutional theorist, AV Dicey as “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown”) most such powers are now exercised solely through and on the advice of ministers responsible to Parliament. Prerogative powers include those relating to foreign affairs (eg the making of treaties and

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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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