By Andrew Mitchell
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Extra resources for AS Level Law
There is a fear that such a power allows the security services, in the name of the Crown, to obtain intelligence and maintain security through criminal activities, such as burglary and unlawful surveillance. However, this area is subject to the developing legal framework of human rights law, following the passing of 8 Chapter 1: Parliament, legislation and the British constitution n the Human Rights Act 1998 (see pp 21–24 below), even though some of the rights are limited to take into account the need for ‘national security’.
The exercise of the prerogative has far more significance, and deeper implications, in the hands of the executive as a representation of the Crown, than with the monarch. Crown immunity from legal action Part of the character of the Crown is that it is an entity with powers and rights as distinct from the citizens of the state. For this reason, the Crown enjoys legal immunity in certain respects because of its status. The origins of Crown immunity lie in the maxim that ‘the King can do no wrong’.
Although there is much to learn you should never let yourself be overwhelmed by cases. There may be several cases that are similar to each other, not in factual terms but in principle, so learn the principle first and then just a few main cases illustrating this principle. In exams, it will be a bonus if you can remember the name of every case, but this is not always possible. As long as you can describe the facts needed to illustrate the point made by the case, you will demonstrate understanding to the examiner.