Crown Powers, Subjects and Citizens

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A&C Black, 1998 - Political Science - 343 pages
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In the growing debate about constitutional reform and the future of the monarchy in Britain, little consideration has hitherto been given to the immense powers exercised in the Queen's name by ministers under the royal prerogative. Crucial decisions are made under the prerogative in relation to defence, foreign policy, immigration, the secret services and the management of the Civil Service without prior Parliamentary approval, adequate political accountability or effective judicial review. On the basis of the prerogative, ministers withhold passports, override statutes and legislate in the Council of Ministers of the European Community.

This book examines the historical development and the legal and political scope of prerogative powers and Crown immunities as they affect the exercise of rights by citizens and non-citizens. It traces the changing relationship between individual and state, from subjecthood and allegiance to the Crown in a secretive state, to a participating legal and political citizenship in an open society and a widening British and European context. It addresses issues of key importance in the current constitutional debate about political and legal accountability, citizenship and human rights, and contributes to the debate about the future of the British monarchy and its remaining constitutional functions.

  

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Contents

Prerogative Powers and the Constitution
1
The Judicial Review of Prerogative Powers
41
The Monarchy
64
Freedom of Movement
89
National Defence and the Security Services
113
Foreign Policy
142
The Civil Service
167
The Crown and the Courts
191
Miscellaneous Prerogative Powers
234
The Myth of Parliamentary Accountability and Control
250
From Subjecthood to Citizenship
280
Postscript
314
Select Bibliography
321
Index
329
Copyright

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About the author (1998)

Dr. Vincenzi teaches European Community Law and Constitutional and Administrative Law at the University of Huddersfield.

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