PUBLIC LAW L4 - Prerogative Power - INTRODUCTION Flashcards
What are prerogative powers? (3)
Common law powers which the government can exercise without the authority of Parliament. It is a residual form of legal authority which the executive ‘owns’ but which has not been legitimated through the parliamentary process.
Describe the history of the UK constitution and prerogative power? (3)
As the UK developed from an absolutist monarchy to a constitutional monarchy, the power to govern the country has bee passed from the monarch to the exercise. The monarch is left to exercise ceremonial exercise of prerogative power but political decision-making is made by the government.
Prerogative powers were historically owned exercised by the monarch.
Up until the Glorious Revolution 1688 British Monarchs were absolutist rulers.
What is Professor Dicey’s definition of prerogative? (3)
The residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown…every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of this prerogative.
Describe political powers of the monarch nowadays. (1)
Political powers of the monarch have declined and those of Parliament and government have expanded.
What does it mean when governmental powers have been put on statutory basis increasingly by Parliament? (2)
Some areas once governed by prerogative powers are now increasingly controlled by statutory powers.
What is power falling within todays royal prerogative described as? (3)
It is residual. Areas of governmental power that has not been created and regulated by Parliament. It is a left-over source of power which is still recognised by the courts as part of the common law and a legitimate source of power.
What are the three broad types of prerogative powers? (3)
Ministerial / executive prerogative powers
Monarch’s constitutional powers
Crown’s legal prerogatives
What do executive prerogatives relate to? (3)
Foreign affairs, armed forces / emergencies and judicial ( mercy ).
What do foreign affairs include? (4)
The recognition of other sovereign states and their representatives.
The making and ratification of treaties.
The conduct of diplomacy.
Granting and revoking of passports and the governance of British Overseas Territories.
Why is armed forces / emergencies arguably the most significant existing prerogative power? (3)
The taking of measures necessary in ‘defence of realm’ includes the mobilisation and control of the armed forces. This area of power also comprises the power to take action at times of emergency, notably to seize control of neutral property or to requisition ships at time of war.
What may the home secretary do in terms of criminal offences? (1)
May pardon those convicted of criminal offences prosecuted by crown - on behalf of the crown.
Who exercises the monarch’s constitutional prerogatives? (4)
Exercised by the monarch ‘on the advice of PM’ and include appointment of PM, the right to assent legislation, the right to prorogue ( end session ) of Parliament.
What was the administration of justice historically? (5)
Historically the prerogative of the monarch, regarded as fountain of justice. Nowadays, the structure of the courts are almost entirely statute-based. The remaining legal prerogatives are the presumption that the Crown is not bound by statute and the sovereign has personal immunity from prosecution or being sued for wrongful acts.
What powers have the courts always had in terms of prerogative? (1)
To decide whether a prerogative power exists or not.
How can prerogative powers be controlled? (4)
By the application of public law, by political pressure, by the over-riding effect of statute and by changes to convention over time.
