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John Kirkhope

Plymouth University, Law, Post-Doc

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I have completed a thesis entitled "The Duchy of Cornwall - A Feudal Remnant" "An examination of the origin, evolution and present status of the Duchy of Cornwall."

Some of the results of my researches have generated, to my surprise, considerable media interest. I have been interviewed onthe Today Programme on Radio 4 quoted in the Times, Telegraph and Guardian etc etc.

I have also forced the Cabinet Office to produce pamphlets which has led to a greater understanding of how the monarchy reacts with Government leading to two select committee enquiries. In a small way I have changed the constitution.
Supervisors: Dr Andrew Clark and Ann Lyon

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Papers by John Kirkhope

Rights of the Sovereign etc

The Rights of the Sovereign, 2024

The full title is: "The Rights of the Sovereign;Positions within the Royal Household; Things the ... more The full title is: "The Rights of the Sovereign;Positions within the Royal Household; Things the Sovereign does not have;How may official birthdays does the Sovereign have? Can the Sovereign break the law; and Not fogetting Royal Peculiars" Essentially I have produced a list some of which is fun some more serious. It is not particularly academic.

The Slave Trade

A brief monlogue on slavery

‘The Duchy of Cornwall and the Crown: Disputes and 175 Accommodation’

Cornish Studies, May 1, 2013

Is the Duchy of Cornwall Entitled to Crown Immunity

Over the last few years an increasing number of people have questioned the advantageous tax posit... more Over the last few years an increasing number of people have questioned the advantageous tax position enjoyed by the Duchy of Cornwall and Prince Charles as Duke of Cornwall. There has, for example, been a report by the House of Commons Committee of Public Accounts specifically devoted to the topic. 2 The issue as far as this writer is concerned is that there has been insufficient understanding that the tax position of the Duchy and Duke of Cornwall flow from the fact that they are said to benefit from 'Crown Immunity'. If they are not entitled to Crown Immunity then they cannot claim the tax exemptions which they presently enjoy. This article seeks to challenge the assumption that the Duke and Duchy are entitled to Crown Immunity. It will be argued that a prerogative right was extended to the Duchy of Cornwall by Executive action without the approval of or discussion in Parliament. The article will then go on to make some observations about the basis of taxation of the Duchy and Duke.

Researching the Arcane: The Duchy of Cornwall and How a Country Lawyer was Radicalised

A Mysterious, Arcane and Unique Corner of our Constitution": The Law Relating to the Duchy of Cornwall

Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred t... more Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred to as "simply" a "private estate" allowing it to enjoy a privileged status with significant benefits and concessions. This article argues that this is a somewhat anachronistic position and one that demands further investigation not least because of the opaque nature of the institution and its accountability within a twenty-first century constitutional framework.

Chapter 5 The Stannaries

The Duchy of Cornwall - A Feudal Remnant, 2013

A brief summary of the history of the Stannaries in Cornwall and a consideration of their modern ... more

The Duchy of Cornwall - A Feudal Remnant? An Examination of the origin, evolution and present status of the Duchy of Cornwall

The Seigniory of Sark and the Duchy Of Cornwall: Similarities and Differences Including Observations on the Isles of Scilly

1 THE SEIGNIORY OF SARK AND THE DUCHY OF CORNWALL: SIMILARITIES AND DIFFERENCES INCLUDING OBSERVA... more 1 THE SEIGNIORY OF SARK AND THE DUCHY OF CORNWALL: SIMILARITIES AND DIFFERENCES INCLUDING OBSERVATIONS ON THE ISLES OF SCILLY Dr John Kirkhope Introduction I wrote a paper a while ago entitled: ‘Cornwall – A Category of its own’ in which I made reference to the constitutional position of the Isle of Sark and suggested there were parallels between the Duchy of Cornwall and the Seigniory of Sark. I have now had time to pursue my researches further. My investigations are not complete since the topic has proved to be more complex than anticipated. Obtaining information about, what may be termed, the ‘Customary or Sovereign Rights’ of the Seigneur of Sark has been challenging. It would appear no one has asked the sort of questions I have posed. Establishing the ‘customary laws’ of Normandy as they applied to Jersey in 1565 has not been easy particularly for someone not conversant in ‘Norman French’.

Researching the Arcane: The Duchy of Cornwall and How a Country Lawyer was Radicalised

Introduction I don’t think it is (yet) a recognised medical condition, I have begun a campaign to... more Introduction I don’t think it is (yet) a recognised medical condition, I have begun a campaign to change that, but I suffer from what my friends and family have described as ‘excessive legal geekery. (Can ‘legal geekery’ be other than excessive?) The law has a fascination for me. Not the mundane conveyancing transaction or the writing of wills but Constitutional Law and in particular those dusty corners of our legal system which are often neglected by ‘proper’ academics. For that reason, by way of example, I became a Notary Public. I share with you my, if you will, neurosis in order that it is understood I did not embark on my research, some seven/eight years ago, into the Duchy of Cornwall because of some animus towards the present Duke of Cornwall, Prince Charles, who is, I am sure a well-intentioned and sincere man, or indeed his mother the Queen. It was simply that the Duchy of Cornwall is a unique organisation which, unlike the other Royal Duchy, the Duchy of Lancaster, has man...

The Duchy of Cornwall and the Principle of Crown Immunity, Part II: Is the Duchy Free to Break the Law without Criminal Sanction?

Introduction Part two of my analysis of the legal status of the Duchy of Cornwall, following on f... more Introduction Part two of my analysis of the legal status of the Duchy of Cornwall, following on from my earlier musings in this journal ‘Is the Duchy of Cornwall entitled to Crown Immunity?’ , questions its status as a ‘Private Estate’ which benefits from ‘Crown Saving Clauses’, which arguably no one can explain, which permits the Duchy to break the Law without criminal sanction and includes a digression into the mysterious existence of the so-called ‘Crown Roads’.

Is the Duchy of Cornwall Entitled to Crown Immunity

Over the last few years an increasing number of people have questioned the advantageous tax posit... more Over the last few years an increasing number of people have questioned the advantageous tax position enjoyed by the Duchy of Cornwall and Prince Charles as Duke of Cornwall. There has, for example, been a report by the House of Commons Committee of Public Accounts specifically devoted to the topic. The issue as far as this writer is concerned is that there has been insufficient understanding that the tax position of the Duchy and Duke of Cornwall flow from the fact that they are said to benefit from ‘Crown Immunity’. If they are not entitled to Crown Immunity then they cannot claim the tax exemptions which they presently enjoy. This article seeks to challenge the assumption that the Duke and Duchy are entitled to Crown Immunity. It will be argued that a prerogative right was extended to the Duchy of Cornwall by Executive action without the approval of or discussion in Parliament. The article will then go on to make some observations about the basis of taxation of the Duchy and Duke.

A Mysterious, Arcane and Unique Corner of our Constitution": The Law Relating to the Duchy of Cornwall

Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred t... more Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred to as „simply‟ a „private estate‟ allowing it to enjoy a privileged status with significant benefits and concessions. This article argues that this is a somewhat anachronistic position and one that demands further investigation not least because of the opaque nature of the institution and its accountability within a twenty-first century constitutional framework.

‘The Duchy of Cornwall and the Crown: Disputes and 175 Accommodation’

Cornish Studies, 2013

Compendium edited oct18.pdf

Compendium of Legal Nonsernse, 2018

I am well aware this is an academic forum but just sometimes I yearn for the less serious in law ... more

Research Proposal Article Notary.pdf

The Notary, 2019

I am interested in why after the 16th Century Reformation under Henry VIII Notary Publics, as cre... more

Duchy of Cornwall - Beyond the Law?

A friend, who is a best selling author, and I are writing a book title as above. It seeks to brin... more A friend, who is a best selling author, and I are writing a book title as above. It seeks to bring together my researches into the history of Cornwall and its legal position and examines the legal position of the Duchy of Cornwall. It is written as a lawyer, the first time this has been done for over 200 years I think. I would appreciate the views of others including what demand you might think there would be for such a book

The Duchy of Cornwall " Secretive and Unaccountable "

An examination of the secretive and unaccountable nature of the Duchy of Cornwall

THE CORNWALL FORESHORE CASE

I description of the dispute between the Crown and Duchy of Cornwall in the 1850's with regard to... more

An " unseemly " Arrangement 1620 Articles of Agreement Between The Crown and the Duchy of Cornwall

An examination of the way the Duchy of Cornwall has acquired privileges without Judicial Oversigh... more

Rights of the Sovereign etc

The Rights of the Sovereign, 2024

The full title is: "The Rights of the Sovereign;Positions within the Royal Household; Things the ... more The full title is: "The Rights of the Sovereign;Positions within the Royal Household; Things the Sovereign does not have;How may official birthdays does the Sovereign have? Can the Sovereign break the law; and Not fogetting Royal Peculiars" Essentially I have produced a list some of which is fun some more serious. It is not particularly academic.

The Slave Trade

A brief monlogue on slavery

‘The Duchy of Cornwall and the Crown: Disputes and 175 Accommodation’

Cornish Studies, May 1, 2013

Is the Duchy of Cornwall Entitled to Crown Immunity

Over the last few years an increasing number of people have questioned the advantageous tax posit... more Over the last few years an increasing number of people have questioned the advantageous tax position enjoyed by the Duchy of Cornwall and Prince Charles as Duke of Cornwall. There has, for example, been a report by the House of Commons Committee of Public Accounts specifically devoted to the topic. 2 The issue as far as this writer is concerned is that there has been insufficient understanding that the tax position of the Duchy and Duke of Cornwall flow from the fact that they are said to benefit from 'Crown Immunity'. If they are not entitled to Crown Immunity then they cannot claim the tax exemptions which they presently enjoy. This article seeks to challenge the assumption that the Duke and Duchy are entitled to Crown Immunity. It will be argued that a prerogative right was extended to the Duchy of Cornwall by Executive action without the approval of or discussion in Parliament. The article will then go on to make some observations about the basis of taxation of the Duchy and Duke.

Researching the Arcane: The Duchy of Cornwall and How a Country Lawyer was Radicalised

A Mysterious, Arcane and Unique Corner of our Constitution": The Law Relating to the Duchy of Cornwall

Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred t... more Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred to as "simply" a "private estate" allowing it to enjoy a privileged status with significant benefits and concessions. This article argues that this is a somewhat anachronistic position and one that demands further investigation not least because of the opaque nature of the institution and its accountability within a twenty-first century constitutional framework.

Chapter 5 The Stannaries

The Duchy of Cornwall - A Feudal Remnant, 2013

A brief summary of the history of the Stannaries in Cornwall and a consideration of their modern ... more

The Duchy of Cornwall - A Feudal Remnant? An Examination of the origin, evolution and present status of the Duchy of Cornwall

The Seigniory of Sark and the Duchy Of Cornwall: Similarities and Differences Including Observations on the Isles of Scilly

1 THE SEIGNIORY OF SARK AND THE DUCHY OF CORNWALL: SIMILARITIES AND DIFFERENCES INCLUDING OBSERVA... more 1 THE SEIGNIORY OF SARK AND THE DUCHY OF CORNWALL: SIMILARITIES AND DIFFERENCES INCLUDING OBSERVATIONS ON THE ISLES OF SCILLY Dr John Kirkhope Introduction I wrote a paper a while ago entitled: ‘Cornwall – A Category of its own’ in which I made reference to the constitutional position of the Isle of Sark and suggested there were parallels between the Duchy of Cornwall and the Seigniory of Sark. I have now had time to pursue my researches further. My investigations are not complete since the topic has proved to be more complex than anticipated. Obtaining information about, what may be termed, the ‘Customary or Sovereign Rights’ of the Seigneur of Sark has been challenging. It would appear no one has asked the sort of questions I have posed. Establishing the ‘customary laws’ of Normandy as they applied to Jersey in 1565 has not been easy particularly for someone not conversant in ‘Norman French’.

Researching the Arcane: The Duchy of Cornwall and How a Country Lawyer was Radicalised

Introduction I don’t think it is (yet) a recognised medical condition, I have begun a campaign to... more Introduction I don’t think it is (yet) a recognised medical condition, I have begun a campaign to change that, but I suffer from what my friends and family have described as ‘excessive legal geekery. (Can ‘legal geekery’ be other than excessive?) The law has a fascination for me. Not the mundane conveyancing transaction or the writing of wills but Constitutional Law and in particular those dusty corners of our legal system which are often neglected by ‘proper’ academics. For that reason, by way of example, I became a Notary Public. I share with you my, if you will, neurosis in order that it is understood I did not embark on my research, some seven/eight years ago, into the Duchy of Cornwall because of some animus towards the present Duke of Cornwall, Prince Charles, who is, I am sure a well-intentioned and sincere man, or indeed his mother the Queen. It was simply that the Duchy of Cornwall is a unique organisation which, unlike the other Royal Duchy, the Duchy of Lancaster, has man...

The Duchy of Cornwall and the Principle of Crown Immunity, Part II: Is the Duchy Free to Break the Law without Criminal Sanction?

Introduction Part two of my analysis of the legal status of the Duchy of Cornwall, following on f... more Introduction Part two of my analysis of the legal status of the Duchy of Cornwall, following on from my earlier musings in this journal ‘Is the Duchy of Cornwall entitled to Crown Immunity?’ , questions its status as a ‘Private Estate’ which benefits from ‘Crown Saving Clauses’, which arguably no one can explain, which permits the Duchy to break the Law without criminal sanction and includes a digression into the mysterious existence of the so-called ‘Crown Roads’.

Is the Duchy of Cornwall Entitled to Crown Immunity

Over the last few years an increasing number of people have questioned the advantageous tax posit... more Over the last few years an increasing number of people have questioned the advantageous tax position enjoyed by the Duchy of Cornwall and Prince Charles as Duke of Cornwall. There has, for example, been a report by the House of Commons Committee of Public Accounts specifically devoted to the topic. The issue as far as this writer is concerned is that there has been insufficient understanding that the tax position of the Duchy and Duke of Cornwall flow from the fact that they are said to benefit from ‘Crown Immunity’. If they are not entitled to Crown Immunity then they cannot claim the tax exemptions which they presently enjoy. This article seeks to challenge the assumption that the Duke and Duchy are entitled to Crown Immunity. It will be argued that a prerogative right was extended to the Duchy of Cornwall by Executive action without the approval of or discussion in Parliament. The article will then go on to make some observations about the basis of taxation of the Duchy and Duke.

A Mysterious, Arcane and Unique Corner of our Constitution": The Law Relating to the Duchy of Cornwall

Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred t... more Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred to as „simply‟ a „private estate‟ allowing it to enjoy a privileged status with significant benefits and concessions. This article argues that this is a somewhat anachronistic position and one that demands further investigation not least because of the opaque nature of the institution and its accountability within a twenty-first century constitutional framework.

‘The Duchy of Cornwall and the Crown: Disputes and 175 Accommodation’

Cornish Studies, 2013

Compendium edited oct18.pdf

Compendium of Legal Nonsernse, 2018

I am well aware this is an academic forum but just sometimes I yearn for the less serious in law ... more

Research Proposal Article Notary.pdf

The Notary, 2019

I am interested in why after the 16th Century Reformation under Henry VIII Notary Publics, as cre... more

Duchy of Cornwall - Beyond the Law?

A friend, who is a best selling author, and I are writing a book title as above. It seeks to brin... more A friend, who is a best selling author, and I are writing a book title as above. It seeks to bring together my researches into the history of Cornwall and its legal position and examines the legal position of the Duchy of Cornwall. It is written as a lawyer, the first time this has been done for over 200 years I think. I would appreciate the views of others including what demand you might think there would be for such a book

The Duchy of Cornwall " Secretive and Unaccountable "

An examination of the secretive and unaccountable nature of the Duchy of Cornwall

THE CORNWALL FORESHORE CASE

I description of the dispute between the Crown and Duchy of Cornwall in the 1850's with regard to... more

An " unseemly " Arrangement 1620 Articles of Agreement Between The Crown and the Duchy of Cornwall

An examination of the way the Duchy of Cornwall has acquired privileges without Judicial Oversigh... more

ORKNEY AND SHETLAND ARE THEY PART OF SCOTLAND

Udal alw as part of a wider context

ORKNEY AND SHETLAND ARE THEY PART OF SCOTLAND

Are Orkeny and Shetland Part of Scotland and Thus the UK

THE CROWN, CROWN IMMUNITY, CROWN CONSENT AND CROWN EXEMPTION CLAUSES

Crown Consent

The content is in the title

THE CROWN, CROWN IMMUNITY, CROWN CONSENT AND CROWN EXEMPTION CLAUSES

The devolved Parliaments and the need for Royal Consent

1620 Articles of Agreement.docx

1620 Article of Agreement between the Crown and the Duchy of Cornwall by which the Duchy of Cornw... more 1620 Article of Agreement between the Crown and the Duchy of Cornwall by which the Duchy of Cornwall has been granted privileges and assets without Parliamentary scrutiny or judicial oversight. In which in contravention of the Bill of Rights 1688 laws have been suspended for this private estate which it is submitted is offensive and inconstitutional

THE CORNWALL FORESHORE CASE

An examination of the background to the dispute, a summary of the legal arguments, the claims mad... more