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Constitutional Conventions and the P rince of W ales
Author(s) -
Perry Adam
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12050
Subject(s) - legislation , government (linguistics) , identification (biology) , political science , law , test (biology) , law and economics , sociology , philosophy , linguistics , biology , botany
The U pper T ribunal (Administrative Appeals Chamber) held in Evans v Information Commissioner that certain correspondence between P rince C harles and government officials must be disclosed under freedom of information legislation. Much of the judgment was devoted to a discussion of the constitutional conventions applicable to P rince C harles, and the case provides a useful example of how conventions and laws can interact. In this note, I argue that the U pper T ribunal misunderstood how conventions are distinguished from one another, and misapplied the test for the identification of conventions.