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This article examines how the Judicial Committee of the Privy Council makes constitutional comparisons between 'related' constitutions that are or were within its jurisdiction, deploying its own precedents, as a pragmatic method of resolving idiosyncratic questions that arise across multiple constitutions. In particular, it considers the Committee's approach to the longstanding question of the interpretation of the opening section of Caribbean constitutional bills of rights, which has far reaching implications for the scope of constitutional protection of human rights. The JCPC's answer over time to this question reveals the fault lines for this supranational constitutional court as its jurisdiction peters out yet remains. The gaze of comparativism is very harsh as older constitutions are evaluated in light of newer ones and also as fossilised constitutional interpretations presented in earlier JCPC cases where the Committee no longer has jurisdiction are given new life in contemporary cases.

Although the subject of leadership is a hot topic, it has never attracted much attention in the public sector. Searching for Leadership is the first book to examine the evolving role and leadership of the highest-ranking public servant in Ottawa or in any of Canada's Provinces and Territories, the Secretary to Cabinet, or the Clerk. Arguing that the leadership role of the Secretary to Cabinet must be appreciated and understood in light of modern management practices and the centralization of administrative practices, the contributors to this volume present a mixture of approaches to the position: literature reviews, structural approaches, and biographical case studies of influential Secretaries to the Cabinet. Analyzing the role of Secretaries to the Cabinet in Ottawa as well as in Alberta, Saskatchewan, Quebec, and Ontario, the contributors detail the roles, key functions and impact of these highly influential public servants, highlighting the ways in which the leadership skills of Secretaries to the Cabinet have changed and responded to change. An important contribution to understanding Canadian governance and public management, Searching for Leadership is essential reading for scholars and students in political science, history, public administration and management, as well as public servants.

On 6 December 2023, seven-year-old William Brown was struck and killed by a hit-and-run driver when he was retrieving his football from the road outside his home. A Year 3 pupil at St Eanswythe's Church of England Primary School in Folkestone, he had walked through the grounds of St Mary and St Eanswythe's Church every day on his way to school and had attended services there. His parents wanted to bury him in the churchyard, but although the Vicar was willing to conduct the burial, the churchyard had been closed by Order in Council in 1857 under the provisions of the Burial Act 1855, with only one exception being made for a burial in 1898. Because the churchyard had been closed, under section 1 of that Act his burial would require an Order of the Privy Council.

In 1773, with the empire on the brink of revolt, the Privy Council gave the final ruling in the case of the Mohegan Indians versus the colony of Connecticut. Thus ended what one eighteenth-century lawyer called “the greatest cause that ever was heard at the Council Board.” After a decades-long battle for their rights, involving several appeals to the Crown, three royal commissions, and the highest court in the empire, the Mohegans' case against Connecticut was dismissed. The dispute centered on a large tract of land (~20,000 acres) in southeastern Connecticut, which, the Mohegans claimed, the colony had reserved for them in the late seventeenth century. Concerned that the colony had violated its agreements, the Mohegans, aided by powerful colonists with a pecuniary interest in this tract of land, appealed to the Crown for redress. As a result of this appeal, what had been a narrow dispute over land became part of a larger conflict between the Crown, the colony, and the tribe over property and autonomy in the empire.

This paper highlights the structural barriers to voting rights that JapaneseCanadians in BC faced in the early 20th century. It documents Tomekichi Homma's challenge of provincial legislation which prevented the Japanese from voting in local elections. His fight went to the Judicial Committee of the Privy Council, then the highest court of appeal in Canada. While Homma challenged the law because it denied voting rights based on racial grounds, the courts made little to no reference to race or ethnicity in hearing the issue; their focus was on questions of constitutionality and the division of powers. The Privy Council employed questionable legal reasoning in dismissing Homma's appeal, and departed from a recent precedent of theirs, 'Union Colliery', which promoted the employment rights of Chinese-Canadians in BC. This paper attempts to understand and explain why 'Homma' was not successful before the Privy Council in the face of the 'Union Colliery' decision.

PurposeFor many, the claim that a new approach to bureaucracy—new political governance (NPG)—is underway reads as if it was written by Stephen King: Frightening fiction. While the thought of promiscuously partisan senior public servants publicly defending and promoting the government’s reputation to the demise of impartiality is disturbing, the evidentiary record has led most to dismiss the idea as empirically false. This article questions, and empirically investigates, whether dismissing the idea of promiscuous partisanship has been premature.Design/methodology/approachA case study of the loyalty displayed by Canada’s most senior public servant during a highly publicized parliamentary committee is analysed with a novel theoretical and empirical approach in three steps. First, the Clerk of the Privy Council (Clerk)’s committee testimony is analysed against analytical constructs of impartial and promiscuous partisan loyalty that focuses on the testimony’s direction and substance. Second, the objectivity and truthfulness of the testimony is analysed by comparing what was publicly claimed to have occurred against evidence submitted to the committee that provids an independent record of events. Third, the perception the Clerk’s testimony had on some committee members, political journalists and members of the public is analysed through print media and committee Hansard.FindingsWhile the Clerk’s testimony displays an awareness of upholding impartiality, it also comprises promiscuous partisanship. Throughout his testimony, the Clerk redirects from the line of questioning to defend and promote the sitting government’s reputation. Moreover, to defend and promote the government’s reputation the Clerk’s testimony moved away from objectivity and engaged in truth-obfuscating tactics. Finally, the nature of the Clerk’s testimony was perceived by some committee members and the public—including former senior public servants—as having abandoned impartiality to have become a public “cheerleader” of the government.Research limitations/implicationsEmploying an in-depth case study limits the extent to which the findings concerning the presence of promiscuously partisan loyalty can be generalized beyond the present case to the larger cadre of senior public servants.Originality/valueEmpirically, while most research has dismissed claims of promiscuous partisanship as empirically unfounded, this article provides what is possibly the strongest empirical case to date of a public incident of promiscuous partisanship at the apex of the bureaucracy. As such, scholars can no longer dismiss NPG as an interesting idea without much empirical leverage. Theoretically, this article adds further caution to Aucoin’s original narrative of NPG by suggesting that promiscuous partisanship might not only involve senior public servants defending and promoting the government, but that doing so may push them to engage in truth-obfuscating tactics, and therein, weaken the public’s confidence in political institutions. The novel theoretical and empirical approach to studying senior public servants’ parliamentary testimony can be used by scholars in other settings to expand the empirical study of bureaucratic loyalty.

When European powers colonised the globe, they spread not only political power but also ideas. Yet those within colonised societies did not receive those ideas passively. They instead sought to transform or repurpose them, often in surprising or ambiguous ways. This volume illustrates a variety of examples worthy of further study.

Christine Desan's Making Money: Coin, Currency, and the Coming of Capitalism provides an authoritative answer to a fundamental question about medieval English money that has puzzled a few scholars, but that has been largely ignored by most: were medieval payments normally weighed or counted? The same question can be expressed differently as: were payments made by weight or by tale at face value; or again, was the value of money determined by its intrinsic content or by royal decree? But why might this curious distinction between counting payments and weighing them matter?

The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.

In 1828, in the course of delivering his famous speech on law reform to the House of Lords, Henry Brougham identified 'the difficulty... arising of necessity from our distance' as the great challenge faced by the Privy Council. This article explores the strategies subsequently used by the Privy Council in its attempts to overcome that difficulty. Some of these strategies involved the court appearing to move closer to the jurisdiction from which the appeal had come. These included being seen to apply foreign standards in its decisions, positioning its analyses against the grain of traditional English doctrines and making use of the expertise of former colonial judges. Other strategies implicitly asserted that distance was irrelevant by appealing to universal principles, to policy and to general common sense. Occasionally the Privy Council felt that the difficulty of distance loomed so large that it was inappropriate to decide the case. By using these different strategies skilfully and opportunistically, the Privy Council managed to maintain both its legal credibility and its moral authority, in spite of the formidable difficulties of distance with which it continued to be faced.