Immunity of the Crown from statute and suit

Abstract

This paper explores the extent to which the Crown should be liable to suit and bound by statute. It considers the extensive history of these principles, and acknowledges developments in the ability of an individual to bring suit against the Crown. It argues that despite some reforms occurring in the Bropho case, there is a need for further reform, specifically that the general position should be that the Crown is bound by legislation, provided the legislation does not alter Crown prerogatives. The current presumption that the Crown is not bound by legislation ought to be overturned.