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Torture of Detainees and Presidential Prerogative Power

Richard M. Pious

in The Polarized Presidency of George W. Bush

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217977
eISBN:
9780191711541
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217977.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting ... More


The Prerogatives of Government

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0014
Subject:
Law, Public International Law

This chapter examines the origins of modern government's power of potentia. It argues that this governmental power of potentia initially operated by exploiting the residue of lordship and feudal ... More


Judicial Review and the Prerogative Powers of the Crown

Brigid Hadfield

in The Nature of the Crown: A Legal and Political Analysis

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262732
eISBN:
9780191682407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262732.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter looks at the prerogative powers and judicial scrutiny of the Crown in Great Britain. It traces the development of the courts' willingness to extend the net of review over the power of ... More


Prerogative, Precedent and Power

Paul Craig

in The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William Wade QC

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198264699
eISBN:
9780191682766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264699.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter explores the history of the prerogative from both a legal and a political perspective, arguing that the legal history of the prerogative is best understood in terms of structural ... More


The British Constitution and Military Action

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the British constitution and considers the origins and application of prerogative powers in decisions to deploy British forces to conflict and post-conflict zones. The roles ... More


Constitutional Reform and the Crown

Rodney Brazier

in The Nature of the Crown: A Legal and Political Analysis

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262732
eISBN:
9780191682407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262732.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter desribes the impact of constitutional reform on the status of the Crown in Great Britain. It explains the distinction between three types of prerogative powers, which are the Queen's ... More


The Powers of the President

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter on presidential powers first analyzes three concepts that go beyond powers expressly stated: “implied,” “inherent,” and “prerogative.” It then considers specific presidential powers, ... More


The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation

Jack Goldsmith

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter presents three main arguments. First, it argues that the Jefferson–Lincoln conception of prerogative power—most notably, executive action in open defiance of law or legal authority—is no ... More


The Prerogative in Foreign Affairs

F. A. Mann

in Foreign Affairs in English Courts

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255642
eISBN:
9780191681615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255642.003.0001
Subject:
Law, Public International Law

The conduct of foreign affairs is an executive act of government in which neither the Queen nor Parliament has any part. It is the Government which represents the State and determines its policy, ... More


The Crown, Ministers and Officials: Legal Status and Liability

William Wade

in The Nature of the Crown: A Legal and Political Analysis

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262732
eISBN:
9780191682407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262732.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines the legal nature and position of the Crown and its ministers and law officers in Great Britain. The Crown has always been immune from legal process at common law but this ... More


Entrapment, Prerogative Power, and the Rule of Law

Luke William Hunt

in The Retrieval of Liberalism in Policing

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190904999
eISBN:
9780190905026
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190904999.003.0006
Subject:
Philosophy, Political Philosophy

Chapter 5 first argues that the subjective test for entrapment is a theoretically and practically untenable method of evaluating sting operations: the test is based upon a decision procedure that ... More


Leaders abroad: The promise of abnormal politics

Michael Foley

in Political Leadership: Themes, Contexts, and Critiques

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685936
eISBN:
9780191765810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685936.003.0009
Subject:
Political Science, Comparative Politics

Leadership authority often receives its strongest endorsement when leaders have to engage with actions, interests, systems, and other leaders beyond the water’s edge. This chapter focuses on the ... More


Facts of State

F. A. Mann

in Foreign Affairs in English Courts

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255642
eISBN:
9780191681615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255642.003.0002
Subject:
Law, Public International Law

The facts, circumstances, and events which lie at the root of foreign affairs and their conduct by the Executive have conveniently been described as facts of State. These are facts which are ... More


Four Models of Clemency

Daniel Pascoe

in Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198809715
eISBN:
9780191846991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198809715.003.0003
Subject:
Law, Criminal Law and Criminology

Chapter 2 provides the theoretical framework for a comparative study of clemency in death penalty cases. It begins by clarifying the terminology used throughout the book, including the local terms ... More


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