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may not automatically abridge prerogative northumbria police authority generally supplied equipment to northumbria police under the authority of the Police Act they wished to challenge the legal basis of an announcement issued by home secretary stating that equipment could be supplied by Home Office to any Chief Constable

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R v Secretary of State for the Home Department, ex p ...

Before the Divisional Court the police authority contended that section 41 does not give the Secretary of State power to supply equipment to the police force without the consent of the police authority. On that point the Divisional Court found in favour of the police authority.

cases for constitutional law Flashcards | Quizlet

lord diplock said it was 350 years and a civil war too late for the queen's court to broaden the prerogative. the facts in malone v metropolitan police commissioner. the plaintiff, an antiques dealer, was tried on charges of receiving stolen goods.

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pow·er (pou′ər) n. 1. a. The ability or capacity to act or do something effectively: Is it in your power to undo this injustice? b. often powers A specific capacity, faculty, or aptitude: her powers of concentration. 2. a. Physical strength or force exerted or capable of being exerted: the power of the waves. See Synonyms at strength. b ...

Prerogative power Flashcards | Quizlet

Nevertheless, Purchas LJ was clear that: the prerogative power to take all reasonable steps to preserve the Queen's peace remain unaffected by the act and this includes the supply of equipment to police force which is reasonably required for the more efficient discharge of their duty. Statute and the prerogative

4. Judicial control of prerogative powers Flashcards by ...

The Divisional Court refused the application, holding that although the Secretary of State had no power under s 41 to supply equipment without the consent of the police authority he could do so in exercise of the prerogative power, since s 4(4) did not confer a monopoly power on the police authority. The police authority appealed.

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parte Northumbria Police Authority Court of Appeal held that statute permitted the establishment of central store and the direct supply of this equipment to chief constables. Home Secretary had the prerogative power to maintain peace in the realm, and this power had not been removed by statutory provisions. 8 the Fire Brigades Union

R v Home Secretary, ex p Northumbria Police Authority ...

The NPA argued that s.4 (4) of the 1964 Act stated that "police authorities are to provide for the supply of equipment to their local forces", and thus the Home Secretary did not have the power under the royal prerogative to maintain peace to supply equipment when not requested by the police authority

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In Australia, this prerogative is given a constitutional source in s 68 of the Constitution. It vests the command in chief of naval and military forces in the Governor-General, acting on ministerial advice. [83] While its source is constitutional, the nature and scope of the power is prerogative.

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Prerogative powers Flashcards | Quizlet

Statute rules over the prerogative power (- compensation had to be paid to the owner under Defence Act 1842 but not under prerogative) - when a statute is passed it abridges the Royal Prerogative while the statute is in force so that the executive can act only under and in accordance with the statute - executive also bound by all the limitations, restrictions, and …

Public Law, Royal Prerogative Powers - Royal Prerogative ...

Was the HS empowered to supply the crown control equipment in question, as part of their greater prerogative of keepin the peace within the realm? Police Act 1964 Did it provide statutory authority to the minister to maintain + provide these items? Had there been a prerogative power to maintain the Queen's peace?