Economics 3366A/B Study Guide - Quiz Guide: Government Communications Headquarters, Fire Brigades Union, Constitutional Reform Act 2005
24 Sep 2020
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Legal authority of the government: statute: executive powers conferred (usually on the secretary of state) by acts of. Parliament: prerogative powers, some say there is a 3rd source of government legal power ( the ram doctrine" common law power to do anything that does not affect the rights of others). Prerogative powers cannot be used: to undermine the sovereignty of parliament (cherry/miller 2, to alter the law or remove rights unless statute specifically authorises this (miller) In ways that conflict with statute (de keyser"s royal hotel [1920] all er 80; fire. Brigades union [1995] 2 ac 513): to create new prerogatives (bbc v johns [1965] ch 32, prerogative powers can be judicially reviewed in the same way as statutory powers (gchq [1985] ac 374, the judiciary. Interpret the laws and see that they are obeyed" lord mustill: resolve legal" disputes, apply the law, provide definitive interpretations of legislation and the common law, develop the common law, provide legal remedies.
