‘Authority in Our Time: Accounting for the Concepts of Prerogative and Equity in the Legal Order’

Thomas Poole, The Strange Death of Prerogative in England, 43 University of Western Australia Law Review 42 (2018). As a private law theorist, I have been captivated recently by the work of public lawyer Thomas Poole on the concept of prerogative. Poole developed his account most fully in his analytically brilliant and deeply learned book, Reason of State: Law, Prerogative and Empire (Cambridge 2015). Poole has continued to refine his thinking about the concept of prerogative in more recent work, including The Strange Death of Prerogative in England, in response to a spate of recent cases in England. What is so compelling and illuminating about Poole’s work on prerogative for a private law theorist? … (more)

[Larissa Katz, JOTWELL, 10 June]

First posted 2020-06-11 06:21:22

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