Monarch, Crown, and Royal Prerogative Flashcards
(13 cards)
Role of the Monarch Overview
Head of State
Head of the Armed Forces
Head of the Church of England
Defender of the Faith
Responsible for the governance of Crown Dependencies (Isle of Man etc.)
What are Ministerial Prerogative Powers
Common law powers exercised by government ministers on behalf of the crown.
They include:
- The power to take/cede territory
- The negotiation and ratification of treaties
- Diplomacy
- Deployment of Armed forces
- Use of armed forced within the UK
- PM’s power to appoint and remove ministers
- Granting/revoking passports
- Pardons/stopping criminal prosecutions
Personal Prerogative Powers
Common law powers personally exercised by the Monarch.
They include:
- Appointing the PM
- Dismissing government
- Stop a session of parliament
- Dissolving parliament
- Granting the Royal Assent
What legislative prerogative powers are there?
Passing Orders in Council
Royal Assent
Judicial Committee of the Privy Council
It is a type of judicial prerogative power.
Hears appeals from some commonwealth jxds. Technically their decisions are advice to the monarch.
Controls on the prerogative power to ratify international treaties
Via the Constitutional Reform and Governance Act 2010:
Gov must lay before parliament the draft of any international treaty agreed. Gov can ratify the treaty ONLY AFTER 21 days have passed without either house voting not to ratify it.
NOTE: In an ‘exceptional case’ the gov can bypass this requirement, but that is not defined in law
What happens if either house votes NOT to ratify a treaty laid before them?
Gov can explain why they still want to ratify the treaty, then HoC gets another 21 days to vote against it.
If they do not vote against ratification, then gov can ratify it
Two ways the royal prerogative is regulated by constitutional convention
Cardinal Convention
Support of the HoC is generally sought
What is the Cardinal Convention?
A constitutional convention that the monarch always acts on the advice of their ministers, even if they disagree.
Monarch cannot make public statements disagreeing with the advice, but they can encourage/warn they government.
How is deployment of the armed forces regulated by constitutional convention?
Since the Iraq war (2003), the gov has usually sought the support of the HoC before deploying the armed forces.
Who appoints the PM
The monarch appoints the PM under the royal prerogative.
BUT constitutional convention dictates that the PM must be an MP who has the continuing support of a majority of MPs in the HoC.
What happens to the PM if there is a hung parliament?
When an election doesn’t result in an overall majority for one party (“hung parliament”):
- PM stays in office until it is clear they have lost the confidence of the house
- The political parties negotiate to determine who should form the next government
