Prerogative Power: Relationship with Legislation and Constitutional Conventions Flashcards
(11 cards)
What are royal prerogative powers in the UK constitution?
A. Executive powers derived from common law and exercised by ministers in the name of the Crown
B. Constitutional rights of Parliament to override judicial decisions
C. Legislative powers of the monarch
D. Judicial privileges granted under statute
A. Executive powers derived from common law and exercised by ministers in the name of the Crown
Explanation: Prerogative powers are non-statutory powers originally held by the monarch, now used by ministers on the Crown’s behalf.
What happens when a statute overlaps with an existing prerogative power?
A. Both powers are exercised simultaneously
B. The monarch chooses which applies
C. The prerogative remains dominant
D. The statute takes precedence and overrides the prerogative
D. The statute takes precedence and overrides the prerogative
Explanation: As confirmed in De Keyser’s Royal Hotel [1920], when Parliament legislates, the statute displaces the prerogative.
Which of the following is a valid example of a prerogative power?
A. Imposing taxes
B. Amending primary legislation
C. Passing a budget
D. Issuing passports
D. Issuing passports
Explanation: Ministers use prerogative powers to perform functions like granting honours and issuing passports, not making or amending laws.
The government uses prerogative power to change the law on voting rights. What is the legal issue?
A. It’s invalid because prerogative powers cannot change domestic law
B. It’s valid so long as ministers have consulted the monarch
C. It’s valid under separation of powers
D. It’s constitutional if approved by a convention
A. It’s invalid because prerogative powers cannot change domestic law
Explanation: Prerogative powers cannot alter domestic law or statutory rights — only Parliament can do that.
A minister seeks to use prerogative powers despite an existing statutory scheme covering the same subject. What rule applies?
A. The statute takes precedence and displaces the prerogative
B. The prerogative takes effect immediately
C. The courts decide which applies at the minister’s request
D. The monarch must resolve the conflict
A. The statute takes precedence and displaces the prerogative
Explanation: Parliament is supreme — where legislation exists, prerogative powers cannot override or duplicate it.
What was the main constitutional outcome of Miller I [2017]?
A. The Prime Minister could unilaterally leave the EU using prerogative
B. The UK Supreme Court ruled that referenda override statute
C. The monarch was required to approve all Brexit-related legislation
D. Parliament must authorise triggering Article 50 because it affects statutory rights
D. Parliament must authorise triggering Article 50 because it affects statutory rights
Explanation: Miller I confirmed that ministers could not use prerogative powers to nullify statutory rights — only Parliament can do that.
What did the court decide in GCHQ case (Council of Civil Service Unions v Minister for the Civil Service)?
A. All prerogative powers are immune from review
B. Prerogative powers are subject to judicial review unless they involve national security or foreign policy
C. The monarch must personally approve civil service decisions
D. Statutory law must align with prerogative powers
B. Prerogative powers are subject to judicial review unless they involve national security or foreign policy
Explanation: The GCHQ case established that many prerogative powers are justiciable, depending on subject matter.
What principle was reaffirmed in Miller II [2019] (also known as Cherry)?
A. The monarch may ignore ministerial advice in times of crisis
B. The courts may review prorogation if it frustrates constitutional principles
C. Parliament can be suspended by prerogative without judicial review
D. Prerogative powers may override statutes in emergencies
B. The courts may review prorogation if it frustrates constitutional principles
Explanation: The Supreme Court ruled that the advice to prorogue Parliament was justiciable and unlawful.
Which of the following statements is true about the monarch’s personal role in prerogative powers?
A. The monarch retains full legal control over all prerogative powers
B. The monarch exercises prerogative powers on personal judgment
C. The monarch acts on the advice of ministers under constitutional convention
D. The monarch can veto ministerial prerogative decisions
C. The monarch acts on the advice of ministers under constitutional convention
Explanation: While the monarch is the formal source of prerogative, convention requires them to act only on ministerial advice.
Which of the following is a key limit on the use of prerogative powers?
A. They are immune from political scrutiny
B. They can override Parliament in devolved matters
C. They are subject to judicial review and cannot breach statute
D. They can be expanded by Cabinet vote
C. They are subject to judicial review and cannot breach statute
Explanation: Prerogative powers must yield to statute and are reviewable by courts where appropriate.
Why is the exercise of prerogative powers said to be constrained by constitutional convention?
A. Because courts enforce conventions directly
B. Because the monarch can override ministerial advice in exceptional cases
C. Because prerogative powers only apply to the judiciary
D. Because ministers are expected to exercise prerogative powers only with Cabinet support and political accountability
D. Because ministers are expected to exercise prerogative powers only with Cabinet support and political accountability
Explanation: Though prerogative powers are legally broad, conventions ensure ministers use them responsibly, with support from Cabinet and under parliamentary scrutiny — reinforcing constitutional balance.
