Wednesday 20 November 2024
Hosted by the Middle Temple Historical Society
Prof. Sir John Baker KC (Hon), LLD, FBA, Emeritus Downing Professor of the Laws of England at the University of Cambridge will deliver the inaugural Lord Judge Memorial Lecture in Legal History, entitled “The Royal Prerogative and the Judges” in Middle Temple Hall on Wednesday 20 November.
Prof. Baker will consider the relationship between the judges and the royal prerogative from a historical perspective, exploding some myths. It has always been for the judges to decide which of the king’s prerogative powers can be reviewed by the courts and which cannot, but it took some time to find effective means of control. The principal issues in the early-modern period were (1) locking people up without reasons, (2) setting up new tribunals outside the common law, (3) creating new forms of taxation, and (4) legislating by proclamation without Parliament. The procedures which eventually put an end to such powers, notably habeas corpus, were developed (notably by Middle Templars) in the reign of Elizabeth I.
The legal issues addressed at that time may be compared with those resulting from our ‘elective dictatorship’, Parliament having become an instrument whereby a modern Government can exercise more absolute power than that formerly attributed to the King’s prerogative.