Control of the prerogative

Question 1

What does `legality of prerogative powers’ mean?

Answer 1

It is up to the court to decide whether a purported governmental power was legitimately part of the royal prerogative.

Question 2

How do the courts decide the legality of prerogative powers?

Answer 2

A particular form of prerogative power could not be said to exist unless the courts accepted that there was a precedent for it having been used in the past i.e. common law.

Question 3

Can new prerogative powers be made?

Answer 3

Prerogative power comprises a finite stock of executive power that can only be reduced in scope and never expanded.

Question 4

Who decides the scope of prerogative powers?

Answer 4

The courts were historically able to adjudicate upon or review the scope of prerogative powers.

Question 5

If a particular executive power is governed by statute and prerogative which takes precedence?

Answer 5

Statutory power is the superior form of power.

Statutory duties or obligations on government cannot be indirectly or impliedly by-passed through the use of prerogative power.