_jxdz
Joined 10 years ago
Joined 10 years ago
Yes, I have noticed that here in the UK. I have to keep cancelling the previous order even though I picked it up and paid for it.
It operates similarly to the European Account Preservation Order, and under the right circumstances it is possible to apply for a freezing order on a _without notice_ basis meaning that the employer would not be aware of the order until it is issued.
Every other member of the Royal Family are liable to tax, the same as us. They can offset the cost of their official duties against their taxes though.
The oath itself wouldn't stop the British Parliament passing an Act of Parliament to abolish the Crown and replace it with some other system. In theory, the monarch could refuse to give their assent to the proposed law but given that would cause a constitutional crisis, in reality the chances are the monarch would assent and the system could be changed.
It seems it would take a republican government in power _or_ huge public demand that the monarchy to be abolished for that to happen which seems unlikely any time soon assuming King Charles III and his successors don't err massively.
Yes, I think power is exactly this.
> What 'power' does England have over Scotland other than the power that Scotland has agreed to accept
A monopoly on violence to enforce its territorial integrity as the United Kingdom. Withdrawing from international treaties is generally accepted to be within a state's general powers. Seceding from an existing state? Generally recognised by the current international order as unlawful and solely a matter for the state to resolve internally.
Would there be international condemnation if Scotland seceded and England tried to take it back by force? Yes, but doing so would embolden existing secessionist movements in, e.g. Spain or the United States, so those states (plus the ones who promote non-interference in domestic affairs) aren't going to intervene in any meaningful sense.
I think power must go beyond consent and incorporate the expectations and realities of the nature of sovereign state power on the international stage. The UK has the right to insure its territorial integrity, while the principle of self-determination is limited within that framework.
For example, Iraq, the Chagos Islands, the Brexit trade deal concerning customs checks in Northern Ireland, etc.
I suppose it's all really just one big political matter: do they want to chance it? Probably not, but they could, legally. We just haven't had the government who's willing to do that yet, but given the current government's willingness to flout international law, prudence seems like it might have vanished some time ago...
This seems to reduce frivolous lawsuits (depending on who is suing/being sued) but you can ask for a cost capping order to limit the amount you have to pay out if you lose, which partially helps address the issue of "they're too big/expensive to sue".
No, it would not be illegal to make a law whose punishment was an oubliette. The British Parliament is sovereign and supreme, and can make any law it wishes.
The devolved legislatures are limited by the Act(s) establishing them. Such a law passed by the Scottish Parliament would probably be challenged under S29(2)(d) of the Scotland Act 1998 which prohibits breaches of the European Convention on Human Rights.
In this case, such a law in Scotland could potentially breach Article 3 of the Convention which prohibits inhuman or degrading punishment. The British Parliament can simply choose to ignore it, but the Scottish Parliament can't (unless the British Parliament chose to give it such powers).
> Can the queen be detained at her own pleasure, at least for anything other than the detonation of a nuclear device in her personal capacity?
No, she cannot be prosecuted for anything while she is the monarch. She would need to abdicate or otherwise be legally removed (e.g. an Act of Parliament abolishing the Crown) from her position.
Even if she were able to be prosecuted, the Nuclear Explosions (Prohibition and Inspections) Act 1998 is not currently in force, and even if the Act were in force, Her Majesty would be exempt under S14(4):
"Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act."
The ECtHR is tasked with upholding fundamental freedoms like the Convention, the UN Charter of Rights, etc. and is completely separate from the EU.
They don't have to help them, but they can't act abusively by, for example, exploiting lack of procedural knowledge.
If they deliberately took advantage of one side using ChatGPT and getting it wrong because the legal foundation of knowledge isn't there for that person, that could be a breach of their duty to the court and result in professional censure or other regulatory consequences.