Law and Rights
The Terrorist Asset-Freezing (Temporary Provisions) Bill is being rushed through Parliament. It is discussed very well on the "Of Interest to Some Lawyers" blog. The purpose of the Bill is to reverse the Supreme Court's decision in Her Majesty' Treasury v Ahmed [2010] UKSC 1 which was discussed on this blog 28th January (below).
This is an interesting legal situation - indeed it is rather a mess. The legislation was declared void which means that it was void ab initio and therefore of no legal effect. The purpose of the Bill is to render that lawful which was unlawful but there will not be retrospective criminal liability. The Act will remain in force until the end of 2010 by which time, no doubt, further legislation will have been enacted.
The whole process casts some light on the little understood Privy Council which legislates by means of Orders in Council. They are frequently used in Foreign Affairs and they receive very little parliamentary time. In 2009, the Privy Council met 11 times with, typically, only a handful of Privy Councillors in attendance. There was a considerable amount of law-making much of which is important though one cannot be so sure that everything is important - e.g. Orders approving the promotion of certain members of the Royal Family to the higher ranks of the Royal Navy (October 2009)! Surely, there ought to be a requirement that any Order in Council be approved by Parliament within a stated time period.
This 2005 document describes the Privy Council as - "... an ancient and dignified instrument of government, which has its origins in the earliest days of the monarchy." It might also be said that it has the appearance of a body which lacks democratic legitimacy in its law-making powers.
Addendum 10th February - Here is the Terrorist Asset-Freezing Act 2010.
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Law and Rights
Terrorist Assets: that which was legally void will be made valid
This is an interesting legal situation - indeed it is rather a mess. The legislation was declared void which means that it was void ab initio and therefore of no legal effect. The purpose of the Bill is to render that lawful which was unlawful but there will not be retrospective criminal liability. The Act will remain in force until the end of 2010 by which time, no doubt, further legislation will have been enacted.
The whole process casts some light on the little understood Privy Council which legislates by means of Orders in Council. They are frequently used in Foreign Affairs and they receive very little parliamentary time. In 2009, the Privy Council met 11 times with, typically, only a handful of Privy Councillors in attendance. There was a considerable amount of law-making much of which is important though one cannot be so sure that everything is important - e.g. Orders approving the promotion of certain members of the Royal Family to the higher ranks of the Royal Navy (October 2009)! Surely, there ought to be a requirement that any Order in Council be approved by Parliament within a stated time period.
This 2005 document describes the Privy Council as - "... an ancient and dignified instrument of government, which has its origins in the earliest days of the monarchy." It might also be said that it has the appearance of a body which lacks democratic legitimacy in its law-making powers.
Addendum 10th February - Here is the Terrorist Asset-Freezing Act 2010.
- Press Regulation ~ A Legal Challenge Fails
Today, the High Court rejected a challenge by the Press Standards Board of Finance (PressBof) which was aimed at preventing the Privy Council approving the Royal Charter of Self Regulation of the Press - The Independent 30th October. Richard Gordon...
- We By Our Prerogative Royal .....will, Ordain And Declare As Follows
James I - Divine RightNOW KNOW YE that We by Our Prerogative Royal .....will, ordain and declare as follows. These words appear in the draft Royal Charter on Self Regulation of the Press. The Charter is likely to be issued by the Privy Council...
- Regulation Of The Media ~ Alternative Draft For A Royal Charter
In a post of 25th March the plans for media regulation were considered. At the time it looked as though the proposed Royal Charter would be approved by the Privy Council on 15th May. It is now reported that this will be delayed whilst an alternative...
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Two of the ways by which the Crown exercises its powers are the issue of Letters Patent and Royal Charters. Letters Patent: Letters Patent (Open Letters) are used in many areas. In May 2012 the Ministry of Justice referred to 92 types of...
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The State Opening of Parliament was held on Tuesday 25th May with the usual pomp and pageantry. The real business of Parliament now begins and interesting days lie ahead. The Queen's Speech contained 23 Bills (and one draft Bill) - see...