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03 June 2022 / Michael L Nash
Issue: 7981 / Categories: Features , Constitutional law
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Duty & dignity

83620
Michael L Nash shares his reflections on a remarkable reign

The powers and privileges of the British sovereign are many and various, and they derive from a multiplicity of sources. Those who criticise the exercise of these powers often do not know their origin, or how and why they are used. Queen Elizabeth II’s reign has not been without its controversies and scandals—Queen Victoria had her fair share and still came out on top. Why have these controversies arisen?

The answer lies in the nature of our constitution: lex scripta and lex non scripta, laws written and laws unwritten. In most other major European monarchies, the parameters of the powers and privileges of the sovereign are clearly defined in the constitution, which is found in one written document, and which began at one definite point in that nation’s history.

One must also remember the memories of powers exercised (generally without any question) in the dynasties from which they have come, and there have been quite a number of such dynasties.

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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