Thread: Falkland Isles

Power reserved to Her Majesty

11. There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending this Order or the Schedule.

What does, 'without prejudice to the generality of the foregoing', mean?

Originally Posted by Patman Post

From the full text of the The Falkland Islands Constitution Order 2008 (taken from the link kindly provided by TW and again by L_E) there is this last point on the introduction to the full constitution text:

Power reserved to Her Majesty

11. There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending this Order or the Schedule.

So, despite having provided a constitution based 50 per cent on a declaration of human rights and several times longer than the written constitution of the USA, it seems Her Majesty can be advised at any time to amend or revoke any part of it.

I suggest nothing is clinched.

Originally Posted by Little_Englander

Power reserved to Her Majesty

11. There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending this Order or the Schedule.

What does, 'without prejudice to the generality of the foregoing', mean?

Originally Posted by Patman Post

The text to consider is: without prejudice to the generality of the foregoing, laws amending this Order or the Schedule.

We need a lawyer. But I suggest in this case it means no part of the document can be used to challenge any amendment to the document, or any additional laws or treaties affecting the Falkland Islands that may in future be authorised by Her Majesty (obviously advised by her government/ministers)...

And I suggest it means entirely the opposite.

The adjective, 'foregoing', indicates that the general thrust and intent of the previous clauses, (the foregoing) will not be prejudiced by any amendments.

The 'without prejudice to the generality of the foregoing' phrase seems seems quite explicit in its intent, and that is not to be detrimental to the general intent of the foregoing clauses.

foregoing [fɔːˈgəʊɪŋ]adj (prenominal) (esp of writing or speech) going before; preceding


prej·u·dice

   [prej-uh-dis] noun, verb, -diced, -dic·ing.
noun
1...
...

5.damage or injury; detriment: a law that operated to the prejudice of the majority

Originally Posted by Patman Post

In my limited experience, "without prejudice" means whatever is decided now can always be re-visited/revised in the future if circumstances change.

It can have more than one meaning depending on which type of law it is being used under. Generally, it means that there is no admission or interpretations (of anything, particularly guilt or that say a product was faulty, just a good will offer) and that the letter (usually used in a letter) cannot be used in any legal challenge, at that time or a letter date.

However, as I said, its meaning can vary and I only know its business use, I've no idea what it could mean in a document like that.

Edit: Actually, just had a quick look and in this case, it looks like it may mean, that that clause is not set in stone and can be revisted at anytime, that the writer of that clause is not bound by it.

Power reserved to Her Majesty

11. There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending this Order or the Schedule.

It's quite clear to me that 'Her Majesty' is free to make amendments that do not 'prejudice the foregoing', ie do not cause any detriment to the (generality of) the preceding clauses.

I see no room for interpretation, other than the actual meaning of the words.