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The thesis deals with prerogative powers and their role in the withdrawal of the United Kingdom from the European Union. It explains the meaning of the prerogative, shows how British courts employed it in Miller I and Miller II decisions, and outlines their effects on it. The first part of the thesis explains the concept of prerogative. Firstly, it analyses concept's theoretical background in early modern constitutional thought and its conceptualization in the work of John Locke. Secondly, it explains the role of royal prerogative after the Glorious Revolution, as described by William Blackstone and Albert Venn Dicey, and its current position in the constitutional system of the United Kingdom. Furthermore, it introduces a general distinction between two conceptions of prerogative powers - the political (non-legal) one and the legal one - and outlines the relationship between the British royal prerogative, law, Parliament, and courts. The second part of the thesis deals with a case study of judicial decisions pertaining to the process of withdrawal of the United Kingdom from the European Union. Specifically, the Miller I case, which addressed the existence of prerogative power to notify the intent to withdraw from the European Union (under Article 50 TEU), and the Miller II case concerning the...

In the sphere of labour and employment, "prerogative" is usually taken to refer to the "right to manage" an organisation. The right can be divided into those decisions which relate to the utilisation of the human resources of the organisation and decisions of an "economic" or "business" nature. This thesis focuses on the first category of decisionmaking. It is generally accepted by employers and trade unions that employers have the right to manage employees. The legal basis for this right is to be found in the contract of employment which has as one of its elements the subordination of the employee to the authority of the employer. This element affords the employer the legal right to give instructions and creates the legal duty for the employee to obey these instructions. Employers' right to manage is, however, neither fixed nor static. The main purpose of this thesis is to determine the extent of employers' right to manage employees. This is done by examining the restrictions imposed by the law {ie common law and legislation) and collective bargaining. The examination is accordingly focussed on what is Jett of employer prerogative. A number of conclusions are drawn from the examination. One of the most important conclusions reached is that, although most of an employer's common law decisionmaking powers have been statutorily regulated, none have been rescinded. The employer has accordingly retained its decision-making power, albeit in a more restricted or limited form. This makes further restriction of its decision-making power through contractual or statutory provisions or collective bargaining possible. It, however, also makes the lessening or even the total removal of these restrictions through future statutory provisions or collective bargaining possible. / Law / LL.D.

In the sphere of labour and employment, "prerogative" is usually taken to refer to the "right to manage" an organisation. The right can be divided into those decisions which relate to the utilisation of the human resources of the organisation and decisions of an "economic" or "business" nature. This thesis focuses on the first category of decisionmaking. It is generally accepted by employers and trade unions that employers have the right to manage employees. The legal basis for this right is to be found in the contract of employment which has as one of its elements the subordination of the employee to the authority of the employer. This element affords the employer the legal right to give instructions and creates the legal duty for the employee to obey these instructions. Employers' right to manage is, however, neither fixed nor static. The main purpose of this thesis is to determine the extent of employers' right to manage employees. This is done by examining the restrictions imposed by the law {ie common law and legislation) and collective bargaining. The examination is accordingly focussed on what is Jett of employer prerogative. A number of conclusions are drawn from the examination. One of the most important conclusions reached is that, although most of an employer's common law decisionmaking powers have been statutorily regulated, none have been rescinded. The employer has accordingly retained its decision-making power, albeit in a more restricted or limited form. This makes further restriction of its decision-making power through contractual or statutory provisions or collective bargaining possible. It, however, also makes the lessening or even the total removal of these restrictions through future statutory provisions or collective bargaining possible. / Law / LL.D.

This dissertation explores the role of Absolutist states in the transition from feudalism to capitalism in Western Europe. Three general questions are addressed: (1) what are the determinants of variations in the autonomy of rulers? (2) what are the consequences of variations in autonomy for states policies? and (3) what are the effects of various state policies on economic development? A new theoretical framework, based on a synthesis of the neoclassical economic literature on principal-agent relations and current organizational theory in sociology, is developed to answer these three questions. Case studies of Absolutism in England, France, Sweden, and Spain are used to illustrate the explanatory power of the theory.

Earlier studies have proposed that Swedish refugee policy started to change around 1942, when a restrictive refugee policy became more generous and humanitarian. From a quantitative point of view this statement is true: there were about ten thousand refugees in 1941, compared to almost two hundred thousand by the end of the war. However, this does not tell us whether the well-known discourses of Swedish inter-war anti-Semitism, nationalism and xenophobia underwent the same changes. The aim of this dissertation is to analyse the public debate concerning foreigners, refugees and refugee policy in 1942–1947. The dissertation puts forward the hypothesis of The Nordic prerogative. In brief, this prerogative meant that Sweden primarily held itself obliged to accept ethnical Northeners as refugees, and looked upon this obligation as more important than other considerations, such as the refugee’s ideological views, need of protection or humanitarian needs. Symptomatically, the groups which could not be entirely encompassed within the idea of a Nordic prerogative, particularly the Balts and the Danish Jews, were perceived as the most problematical refugee groups, both on a general level of the debates, and in specific issues. The idea of a Nordic prerogative did not derive from a sense of ethnical fraternity and humanitarian considerations alone, however. Several undertakings were also brought about by pragmatic considerations. Sweden sought goodwill, and reception of refugees was seen as one way of winning it. The dissertation also shows that the idea of a Nordic prerogative seems to become less important when the refugee comes closer to the everyday life of Sweden, where the Nordic refugees too were referred to as ”foreigners”, ”aliens” etc. As such, they had to put up with being spoken of in negatively loaded expressions, in the same way as other foreigners.

United States President Barack Obama issued an Executive order on November 20, 2014 to implement new law regarding the American immigration system and deportations. The system has long been skewed, and a polarizing issue among both the general public and of those involved in the United States government. Obama, by issuing this decree, created a law on his own due to congressional deadlock in creating and passing immigration reform legislation. However, the constitutionality of his decision to do so has now become highly debated, with many officials and academics across the country asserting their beliefs in his legal ability to issue the order. The ability to create laws is explicitly prescribed to the Legislative branch in the Constitution, but there have been past examples of Executive authority being necessary so as to preserve the Union and allow the government to continue. This thesis will examine the constitutionality of Obama’s Executive decree and the potential precedent that it will set for future Presidents by analyzing it within the context of John Locke, the original proprietor for the rule of law, James Madison, the father of the United States Constitution and separation of powers system, Alexander Hamilton, the forthcoming advocate for an energetic Executive of the Founding Fathers, the Abraham Lincoln presidency, which involved the crisis known as the Civil War, and the George W. Bush presidency, widely known as one of the most polarizing constitutional presidencies in American history. When looking at these past examples it becomes clear that Barack Obama overstepped his place in the government with no existential crisis threatening the nation, therefore setting a dangerous precedent for future Executive’s as well as damaging the force of the separation of powers system.

"27 October 1998" / Thesis (PhD)--Macquarie University, School of Law, 1999. / Bibliography: p. 509-550. / Thesis -- Appendices. / 'The Crown' has been described as a 'term of art' in constitutional law. This is more than misleading, obscuring the pivotal legal position of the king, which in modern times has been conveniently ignored by lawyers and politicians alike. -- This work examines the legal processes by which a king is made, tracing those processes from the earliest times to the present day. It concludes that the king is made by the selection and recognition by the people, his taking of the Oath of Governance, and his subsequent anointing. (The religious aspects of the making of the king, though of considerable legal significance, are not examined herein, because of space constraints.) -- The Oath of Governance is conventionally called the 'Coronation Oath'-which terminology, while correctly categorising the Oath by reference to the occasion on which it is usually taken, has led by subliminal implication to an erroneous conclusion by many modern commentators that the Oath is merely ceremonial. -- This work highlights the legal implications of the king's Oath of Governance throughout history, particularly in times of political unrest, and concludes that the Oath legally :- conveys power from the people to the person about to become king (the willingness of the people so to confer the power having been evidenced in their collective recognition of that person); - bestows all the prerogatives of the office of king upon that person; - enshrines the manner in which those prerogatives are to be exercised by the king in his people(s)' governance; and that therefore the Oath of Governance is the foundation of the British Constitution. -- All power and prerogative lie with the king, who as a result of his Oath of Governance is sworn to maintain the peace and protection of his people(s), and the king can not, in conscience or law, either do, or allow, anything that is in opposition to the terms of that Oath. / Mode of access: World Wide Web. / xxvii, 818 p

Whatever may be the policy of a (declaratory) power in the Crown conclusively to certify the limits of its territorial sovereignty, and whatever be the ultimate fate of such a power [linked, as it is in part, to the policy of. and indeed the existence of, a (constitutive) prerogative of cession] still at all events the constituent function of the Crown is founded upon the (constitutive) prerogative of annexation, as distinct from any declaratory power. To annexation the will and pleasure of the Crown is, as a matter of constitutional law, both sufficient and necessary, without regard to any consideration of international law. The necessity of Her Majesty's pleasure is supported inter alia by the case of Staples v. The Queen (1899) (unreported), heard on application to the Privy Council for leave to appeal from the High Court of Matabeleland. A full report of the proceedings in both courts, including argument and reasons, being appended; the Privy Council deciding that territory remained foreign notwithstanding destruction by armed force of the previous native sovereignty and ensuing complete control by the Crown ... The prerogative of legislation is considered; semble a grant of representative institutions may be held subject to a reservation of the prerogative of legislation contained in an earlier but governing instrument. A prerogative of the Crown to legislate for the subject even in foreign territory, wherever the Crown has assumed a jurisdiction, is supported by limited judicial authority whose correctness is doubted. The true extent is considered of the continuance of existing laws in conquered and ceded territories. The establishment of legislative institutions is considered. The incidents of these institutions are elaborated upon, and particularly the privileges of legislative bodies erected by the Crown. An account is given of the events in Newfoundland in August, 1838, giving rise to the leading case of Dr. Kielley in the Courts of Newfoundland, and, on appeal, in the Privy Council, laying down the rule that only necessary incidents are enjoyed at common law and not the lex et consuetude parliament! as known at Westminster: the rule herein laid down being applied more particularly against a power of committal for contempt. Earlier colonial and Privy Council precedents in the opposite sense are discussed. The rule is suggested to be one dictated by considerations of policy simply, and not determined by any particular view of the true basis of privilege in England. If anything, assimilation of the lex et consuetudo parliamenti to the common law serves as an argument for its passage to the colony, while attribution to lost statute might tend to establish peculiarity to England and colonial inapplicability; but the rule of inapplicability may be applied in any event.

The purpose of this thesis was to investigate the principal challenges to royal authority and the means by which royal authority was maintained in France during the first War of Religion (1561-1563). The latter half of the sixteenth century was a critical period for the French monarchy. Great noble families attempted to re-establish their feudal power at the expense of the crown. Francis II and Charles IX, kings who were merely boys, succeeded strong monarchs on the throne. The kingdom was impoverished by foreign wars and overrun by veteran soldiers, ill-absorbed into civil life. Calvinism spread rapidly and became not only a religious but a political movement drawing ideological and organizational support from Geneva. The powerful Hapsburg monarch, Philip II, watched affairs in France with a suspicious eye and frequently manipulated matters affecting the French court. Not only were his border territories in the Pyrenees threatened but the Spanish king rightly feared that religious division in France would have repercussions in his rich low country territories. The province of Guyenne was chosen as a setting for this study because it was the province of the first prince of the blood, it was close to the Spanish kingdom, it had a history of concern for local prerogatives, and it had a large number of Huguenot believers and congregations. Not least among the reasons for choosing Guyenne in which to study royal government was the availability of abundant documentary sources. This thesis is based primarily upon the examination of memoirs and correspondence. Most important of the memoirs are those of Blaise de Monluc, lieutenant-general of Guyenne. The critical edition of these together with a biography and a study of the historical accuracy and significance of Monluc Commentaires have been prepared by Professor Paul Courteault. Among the documents available is the extensive correspondence of Catherine de Medicis, the letters of Antoine de Bourbon, those of Monluc, and many letters of Charles IX and of provincial officers. Royal government in France was not based on a financial, administrative or military foundation adequate for the king to force his will upon his subjects. Interest groups allied to the king had popularized an ideology of royal authority which served royal interests. Personal contact with his subjects, especially with the nobility enhanced royal authority. The basis of royal government, however, was the goodwill and co-operation of individuals in positions of influence. King Charles IX and Catherine de Medicis, the queen mother, constantly sought to gain and maintain such goodwill and support. They granted offices and honours which carried with them the opportunity of professional advancement and personal enrichment. An extensive correspondence tended to maintain their knowledge of affairs throughout the kingdom and their influence over their subjects. Nevertheless they had to balance individual noble against noble, faction against faction, Parlement against governor in constant negotiation to maintain royal authority. The identification of the personnel who represented the king in Guyenne reveals ways in which provincial resources could be mobilized for the crown and against the crown. In a period of civil war the military organization of the royal army within the province was of critical importance particularly when the army was largely local. Local notables appointed officers, recruited soldiers and commanded the forces. Just as important to the crown were the financial institutions of the province. As with the military institutions, it is essential to determine the ways in which those institutions facilitated royal government and the ways in which they could be made to serve the particular interests of individuals and groups other than the crown. The designation "absolute" as applied to the sixteenth-century French monarchy must be somewhat qualified as a result of an examination of the functioning of local and provincial institutions: voluntary (leagues), representative (Estates) and appointed (Parlement). It is to the nature of that monarchy that the present study is addressed. The province of Guyenne and the first years of civil war provide the historical setting. / Arts, Faculty of / History, Department of / Graduate