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The use of executive discretion in the UK.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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The use of executive discretion in the UK The Privy Council's decisions in the related death sentence cases of Reyes v The Queen [2002] 2 AC 235, R v Hughes [2002] 2 AC 259 and Fox v The Queen [2002] 2 AC 284 are now reported fully. This is clearly not the place for case notes on the legal issues raised by those cases, and in actual fact the law raises relatively dry points of the statutory construction of the Constitutions of three Caribbean states. Yet the policy considerations behind these decisions are fascinating and, in my opinion, tell us quite a bit about the post war struggle between the Judiciary and the Executive branches of government in our own jurisdiction. It is trite learning that the separation of powers is one of the foundations of any modern liberal democracy. Students always manage to trot that out in exams, but the...
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