Chapter 5 - Monarch, Crown, and Royal Perogative Flashcards
“The Crown”
Govenrmentis carried on in the name of the Crown.
Ministers form His Majesty’s Government.
Most business is decided by ministers at the Cabinet - some matters are still dealth with by the Privy Council.
Crown is a methaophor which personfifies the executive.
Includes: Monarch, Prime Minister, ministers, govenrment deparments, civil servants.
Role of the Monarch
Head of State - acts as the represenative of the state.
Head of Armed Forces
Head of the Curch of England
Defender of the Faith
Responsible for governance of self-governing Crown Dependencies (Channel Islands / Isle of Man).
Head of state to Commonwealth.
Royal Prerogative Powers
Most Prergative powers have been abolished as a result of Parliamentary Supremacy. Most of these functions have treansgerred to Courts or Parliament (judiciary and legislature).
Some still remain …
Courts increasingly likely to review prerogative - Have come to decidethat preorogative powers are unlieklyt to be unlimited adn could be constrained by consitutional principles.
Principles that Determine Scope of Royal Prerogative Powers (Name five)
(1) No new prerogative powers can be created.
(2) Statues take precedence over prerogative powers in any instance where they overlap.
(3) The Crown cannot use Prerogative to thwart intention of Parliament
(4) Prerogative cannot be used to change law.
(5) Statues do not bind Crown unless expressly stated or by necessary implication.
Ministerial Prorogative Powers
Exercised by government ministers on behalf of the Crown.
Roll of Monarch may be minimal or nonexistant (ie granting a passport)
Includes:
-Power to acquire and cede territory;
-Negotiation and ratification of international treaties;
-Confucting diplomacy (recognising states, rrelations of the government with other state governments, appointment of ambassafors/ high commissioners);
-Deployment and use of armed forces overseas / declarations of war;
- UIse of the armed forces within the UK;
-Prime Minster’s power to appoint and remove ministers from their government;
-Grant/revoke passports;
-Grant pardons and stop criminal prosecutions.
Personal Prerogative Powers
Prerogatives personally exercised by the Monarch. Heavily constrained by consitutional conventions.
-Appointment of Prime Minister;
-Power to dismiss government;
-Power to prorogue Parliament;
-Power to dissolve Parliament;
-Granting the Royal Assent to legislation.
Miscellaneious Prerogative Powers
Not important - random archaic prerogatives (ie. right to claim swans)
Legislative Prerogatives
Legislative functions of Monarch include:
-Passing Orders in Council (form of legislation enacted by Privy Council)
-Granting Royal Assent to legislation once approved by HoL and HoC.
Judicial Prerogative Powers
Most exercised by Ministers.
Notion of the Monarch being the source of judicial power remains with the “Judicial Committee of the Privy Council” which hears appeals from some Commonwealth jurisdictions.
Technically, the Judicial Committee’s decision is advice to the Monarch as to how to dispose of the appeal. The decision is formally approved at a Privy Council meeting.
Ratification of International Treaties (Royal Prerogative Powers) (describe procedure)
Remains a royal prerogative power -However is subject to control by Parliament under “Constitutional Reform and Governance Act 2010”
(a) Lay draft before Parliament for 21 days - The government can ratify the treaty only if 21 days have passed and neither the HoC nor HoL has voted to state that the treaty should not be ratified.
(b) Procedure if a House votes against ratification - Government can explain why they still want to ratify the treaty. The HoC then has a further 21 days to vote. If no vote is held, govt can ratify treaty.
(c) Exceptional case exception - In an “exceptional case” govt can bypass the need to lay the treaty before parliament. Not defined in law.
The Cardinal Convention (Constitutional convention on Royal Prerogative powers)
A constitutional convention that places limits on Royal Prerogative Powers.
The Monarch always acts on the advice of his ministers, in particular the PM, even if the Monarch disagrees with that advice.
Prevents the Monarch from making any public statement showing disagreement.
Reflects how the Monarch’s role is to formally approve decisions made by ministers.
The Monarch as the right to be consulted, the right to encourage, the right to warn the government. To maintain political impartiality this is done in confidence.
Deployment of Armed forces overseas (Constitutional convention on ministerial prerogative powers)
Traditionally - The government, not Parliament, decides when to take part in military action.
Since Iraq (2003) - Government usually seeks support of the HoC before deploying armed forces.
Appointment of Prime Minister (Royal Prerogative Power)
Monarch appoints the PM.
Choice is controlled by the constitutional convention that the PM must be an MP and able to command the confidence of the HoC.
This means that the PM must have the continuing support of a majority of MPs in the HoC.
(a) After General Election - Party with the majority of seats in the HoC will be appointed as PM by Monarch.
(b) Change of Party Leader - If the PM resigns then the party has a leadership contest according to internal rules. Then the new leader is appointed PM by Monarch.
(c) Hung Parliaments - When election does not result in an overall majority. Then: PM remains in office until clear they have lost the confidence of the HoC; The Monarch does not get actively involved in making choice for the next PM; Political parties determine who should form the next government by negotiating with each other; Once agreement is reached the existing PM resigns and PM appoints person with confidence of HoC.
