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Vol 23 No 5 May/June 2018

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The Nature of the Crown: A Legal and Political Analysis

ISBN13: 9780198262732
ISBN: 0198262736
Published: June 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £115.00

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This book explores the nature of the Crown in its legal and political context. Here the term The Crown is being used, not as a direct reference to the Queen but, as a reference to the central power of the State which exercises legal and political authority. It is a surprising fact that the nature of the Crown has not been the object of extensive literature with pride of place on constitutional law courses. The nature of the Crown has been taken for granted, in part because it is so fundamental and in part because many academics have no idea what the term The Crown amounts to.

This book aims to redress this state of affairs by drawing together in one book a collection of essays that explores what the Crown is, or might be, and the critical issues relating to it. The Crown refers to the authority of Government and the very entity of Government. All the people going about the Governments business, Ministers of the Crown and civil servants do so under the cloak of the Crown with its powers and immunities. The idea of democracy may appear central to our political arrangements but the legal facts are that the Crown subsists not merely as the power: it is the state.

If the legal facts of our political arrangements clash with our individual beliefs about democracy then that clash is of the highest importance.

Constitutional and Administrative Law
1. Introduction
2. The Crown, Ministers and Officials
3. The State, The Crown and the Law
4. The Royal Prerogative
5. The Crown and the Changing Nature of Government
6. The Antinomies of the Law Officers
7. Crown Privileges
8. Judicial Review and the Prerogative Powers of the Crown
9. Legal Remedies against the Crown and its Officers
10. The Crown and Accountability for the Armed Forces
11. The Crown and its Employees
12. The Community, the Crown and the State
13. Constitutional Reform and the Crown