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1 results

  • 5 - The Crown as Corporation

  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book:
    Non-Statutory Executive Powers and Judicial Review
    Published online:
    18 August 2022
    Print publication:
    25 August 2022, pp 79-113

  • Summary

    This chapter provides an account of the Crown and its officials (and the relationship between them). This is the first of three chapters that provide fundamental building blocks for the judicial review of non-statutory executive powers. The Crown is an ambiguous term, which can specify the Queen, HM Government, and even the organised political community ('commonwealth') as a whole. Working through these ambiguities is essential in order to describe who is being reviewed (and why), and this entails working through some long-standing questions about the Crown's legal personality and relation to the person who is Monarch. Rejecting the idea that the Crown is a natural person (ostensibly because the Queen is a natural person) is the first step that leads, logically, to a theory of judicial review via a theory of office,official empowerment, and action in an official capacity.