The defendant was editor of the Irish newspaper ‘The Nation’. He was accused of treason. Held: The judge summed up the offence of treason under the Act as follows: ‘if any person shall entertain the intention of deposing Her Majesty from her sovereignty in this country, or the intention of levying war against Her Majesty … Continue reading Rex v Charles Gavan Duffy: 1848
The judge instructed the jury that advocacy of republicanism was necessarily an offence: ‘There are no two things more inconsistent with each other – no two ideas more opposed to each other – no two expressions more contradictory of each other than that of a republic to a monarchy; and any man who does avow … Continue reading Regina v Mitchel: 1848
Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003
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The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act. Held: The defendant had made no decision (other than not to prosecute) and there … Continue reading Rusbridger and Another v Attorney General: CA 20 Mar 2002