Archive for the 'royal prerogative' Category

George Davis in court 40 years after robbery that sent him to jail – The Guardian

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Review of executive royal prerogative powers – Ministry of Justice

“A review of the ancient royal prerogative powers available to UK government ministers.”

Full report

Ministry of Justice, 15th October 2009

Source: www.justice.gov.uk

Could the Queen really dissolve Parliament now? – The Times

“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”

Full story

The Times, 21st May 2009

Source: www.timesonline.co.uk

Regina (Shields) v Secretary of State for Justice – Times Law Reports

Regina (Shields) v Secretary of State for Justice

Queen’s Bench Divisional Court

“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”

The Times, 14th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Shields) v Secretary of State for Justice – WLR Daily

R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398

The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that  ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

Abuse of executive power over Chagos Islanders

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)

Court of Appeal

“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”

The Times, 31st May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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