Monday, December 2, 2013
Adam Tucker, University of York Law School, has published Press Regulation and the Royal Prerogative. Here is the abstract.
On 30th October 2013 the UK government intervened in press regulation through the granting of a Royal Charter under the Royal Prerogative. This short paper argues that this intervention is ultra vires and hence unlawful. My argument can be summarised very simply. The law requires a precedent for the exercise of prerogative power. This intervention represents an unprecedented use of the prerogative. It is therefore unlawful. Section I outlines the law’s hostility to novel prerogatives and the novelty of the Press Regulation Charter. Section II canvasses and rejects what I take to be the three most plausible foundations for the new charter. Section III tackles two sources of scepticism about my argument. Section IV places the argument in a slightly wider context and suggests a lawful way of achieving the aims of the charter.
Download the paper from SSRN at the link.