Prerogative Power Flashcards
(11 cards)
What is the royal prerogative?
Per Dicey, it is: “the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the Crown.” It covers all acts that the executive can lawfully do without statutory authority.
Can new prerogative powers be created?
No. In BBC v Johns [1965], Lord Diplock stated: “It is 350 years and a civil war too late for the Queen’s courts to broaden the prerogative.”
Who exercises prerogative powers today?
While formally vested in the Crown, they are exercised by the executive (i.e. ministers and the Prime Minister), with the monarch acting on ministerial advice.
What are the three categories of prerogative power?
Executive/Ministerial prerogatives
Monarch’s constitutional prerogatives
Legal prerogatives of the Crown
What are examples of executive prerogative powers?
Foreign affairs: Treaty-making, recognition of states, diplomacy, issuing passports
Armed forces: Defence of the realm, emergency powers
Mercy: Power to grant pardons
What are the monarch’s key personal prerogatives?
Appointment of the Prime Minister
Royal Assent
Prorogation of Parliament
Can the monarch refuse Prime Ministerial advice?
No, by convention the monarch must act on advice.
What legal prerogatives does the Crown retain?
Presumption against binding the Crown by statute
Immunity from prosecution
Immunity from contempt of court
How are prerogative powers controlled?
By legislation – statutes override prerogatives
By judicial review – courts assess legality and exercise of prerogative
By political pressure – parliamentary scrutiny, media
By constitutional conventions – e.g. war powers convention (Blair, Cameron)
What case established that prerogative powers must have legal precedent?
Case of Proclamations (1611) – “The King hath no prerogative but that which the law of the land allows him.”
What is the De Keyser principle?
When statute and prerogative overlap, the statute takes precedence and the prerogative is in abeyance.
