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This paper was given at the ALBA Summer Conference, July 2009, (St. John's College, Cambridge)It is now established, at least at the level of the Court of Appeal (so that Court has recently stated), that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law.

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