Chapter 5 Monarch, Crown and Royal Prerogative Flashcards
Royal Prerogative
This is a special power that allows the ruling monarch or their representatives (like the Home Secretary) to take certain actions without needing approval from Parliament.
By 15th Century, the Council became?
PRIVY COUNCIL: Who would deal with routine mtters of goverment which would be approved by the Monarch at Privy Council Meeting.
what does ‘The Crown’ refers to ?
The Monarch, Privy Council, Prime Ministers, Secretaries of State, Ministers, Civil Servants.
Role of Monarch
Head of the states, and s acts as the representative of the state at home and abroad.
The Bills of Rights 1689
Made it clear that no new royal prerogative powers can be created. as a result even Parliament can exercise its sovereignty to abolish any prerogative power by passing an act of parliament.
when the statues overlap with the prerogative
The statues stakes precedent over the prerogative.
How else can the Crown not use royal prerogatives?
The cornw cannnot use RP to oppose or amend the law.
Can the Statutes bind the Crown?
No, the statutes cannot bind the crown unless expressly states or by necessary implications. For eg: Some prisons are run by crown and some by private companies. if lets say tomorrow, the court passes a statute that smoking is banned in public places, unless expressely states, it wont apply to those run by Crown.
PLEASE NOTE THAT IN EXAM, IN PARTICULAR, ANY ANSWER ON THE EXAMS THAT SUGGESTS NO DECISIONS MADE UNDER RP CAN WE REVIEWD BY THE COURT = WRONG.
Why now Court are increasingly likely to review Prerogative?
- Changing Attitude of Courts: Lately, courts have started to be more open to reviewing decisions made under the royal prerogative. They are looking more closely to see if these decisions actually fit within the powers that the prerogative grants. The idea is that these powers shouldn’t be limitless and must respect fundamental constitutional principles.
In simple words: Courts used to avoid questioning government actions taken under royal prerogative, often because these actions were political. However, courts are now more willing to check these actions to ensure they are legally justified and don’t overstep certain constitutional boundaries.
Royal Prerogative Powers can be split into three groups?
- Ministerial
- Personal
- Miscellaneous
Ministerial Powers
Powers exercised by the goverment ministers on behalf of the Crown.
Personal Prerogatives
Powers personally exercised by the Monarch. For e.g. appointment of the Prime Ministers.
Micellaneous Prerogative Powers
It includes right to mine precious metal, right of the crown to claim ownership over dolphins, whales and swans on certain stretches of the River Thames. `
Legislative and Judicial Prerogative Powers
Though, historically, Monarch has these powers now most of the powers have been transferred to the Parliament and Court. However, still some powers remained as a part of the RP. Read page 82.
Cardinal Convention
while the Queen (or King) has certain official powers, such as appointing the Prime Minister or dissolving Parliament, these powers are always exercised based on the advice of elected officials, not on the monarch’s personal decision.
This convention ensures that the monarchy remains politically neutral, and that real power rests with the elected government.
