The Nature of the Crown: A Legal and Political Analysis

Hardcover | May 14, 1999

EditorMaurice Sunkin, Sebastian Payne

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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 thenature 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. Thisbook 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 ourpolitical 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.

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From the Publisher

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 thenature of the Crown has not been the object of ...

Professor Maurice Sunkin is Professor of Law and Head of Department in the Faculty of Law at the University of Essex Mr Sebastian Payne is Senior lecturer in law at the University of Westminster.

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Format:HardcoverPublished:May 14, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198262736

ISBN - 13:9780198262732

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Table of Contents

1. S. Payne and M. Sunkin: Introduction2. W. Wade: The Crown, Ministers and Officials3. M. Loughlin: The State, The Crown and the Law4. S. Payne: The Royal Prerogative5. M. Freedland: The Crown and the Changing Nature of Government6. N. Walker: The Antinomies of the Law Officers7. A. Tomkins: Crown Privileges8. B. Hadfield: Judicial Review and the Prerogative Powers of the Crown9. T. Cornford: Legal Remedies against the Crown and its Officers10. P. Rowe: The Crown and Accountability for the Armed Forces11. R.A. Watt: The Crown and its Employees12. P. Craig: The Community, the Crown and the State13. R. Brazier: Constitutional Reform and the Crown

Editorial Reviews

`This is a refreshing book, which grapples with basic priciples and presents a wide range of reflections about the nature of the Crown... will help to clarify our understanding of the place of the Crown in the modern system of government.'Colin Turpin, The Cambridge Law Journal