Executive - Prerogtive

Question 1

Harris

Answer 1

Third Source - Ram Doctrine

Question 2

Diplock

Answer 2

Crown - all ministers who direct gov admin work

Question 3

Wade

Answer 3

Crown - queen in official capacity

Question 4

Sunkin

Answer 4

Crown - institutional and symbolic

Question 5

Blackstone

Answer 5

Prerogative = rights enjoyed by the king alone

singular + eccentric

Question 6

Locke

Answer 6

Prerogative = power to act according to discretion for the public good, without the prescription of the law and sometimes against it’

Question 7

Dicey

Answer 7

Prerogative = discretional + residual

Question 8

Wade

Answer 8

Prerogative = Blackstone + legal consequences

Question 9

GCHQ

Answer 9

Can JR PP (prohibit union - nat security)

Question 10

Bancoult No 2

Answer 10

Ordinance similar but not the same to AoP - can JR

Island - not unlawful

Question 11

De Keyser Royal Hotel

Answer 11

& Statute

Need to pay under statute - cannot use PP - Statute rules

Question 12

Northumbria Police Authority

Answer 12

& Statute

Power to maintain peace - not ousted by statute

Question 13

Fire Brigades Union

Answer 13

& Statute

Cannot frustrate AoP - on such a day as SoS might see fit

Question 14

BBC v Johns

Answer 14

BBC not emanation of crown= need to pay tax

Question 15

Shrewsbury v Atcham

Answer 15

3rd Source
Organise Local Gov
CARNNATH: constraints
RICHARDS: no qualifications
WALLER: some constraints

Question 16

Miller 2017

Answer 16

III Category of Rights

Cannot use PP to alter domestic rights but can use at int’l level precisely because there are no domestic effects

Question 17

Case of Proclamations 1610

Answer 17

The K by proclamation cannot change any part of the common law, statute law or customs of the realm