Working in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that ‘the King by his proclamation or other ways cannot...
English Law under Two Elizabeths: The Late Tudor Legal World and the Present by John Baker. The Constitutional Balance by John Laws. The modern relationship of the three principal elements of the constitution – legislature, courts and executive – doesn’t resemble the cogs of a working machine, or the delegation of adjudicative and executive power by an omnipotent prince, so much as the ancient contest of knife, stone, paper, in which each element can defeat one of the others and be defeated by the third.