Is the PM free to follow policies they want

Question 1

Intro

Answer 1

No:

• Parliament can vote against actions of the PM
• The SC can reject actions of the PM

Yes:

• The PM does not have to consult parliament to take military action
• The PM and Parliament can override the SC

Question 2

Para 1

Answer 2

No, Parliament can vote against proposed actions by the PM
E.g. in 2013 David Cameron sought permission from Parliament to carry out airstrikes on Syria, and parliament voted against him
(thus limiting his ability to exercise military powers)

Yes, the PM does not have to consult Parliament to take military action
E.g. in 2011 David Cameron did not need permission from Parliament to carry out air strikes on Libya
(thus giving him the ability to act as commander in chief and extending his royal prerogative powers)

(US link)
The US president shares this ability, in 2011 Obama also authorised air strikes in Libya without consent from Congress.

Question 3

Para 2

Answer 3

No, the SC can reject actions by the PM on the basis of historical precedent.
E.g. in 2017, Theresa May tried to invoke article 50 via the royal prerogative. The supreme court rejected it on the basis of historical precedent.
(This therefore allowed the court to temporarily prevent the PM from beginning the process of leaving the EU by limiting their ability to exercise her royal prerogative powers)

Yes, due to the doctrine of parliamentary sovereignty, the PM and parliament can override the supreme court E.g. following this supreme court ruling, parliament passed a new law stating that the PM could use the royal prerogative to invoke article 50.
(This therefore allowed parliament and by extension the PM to bypass the supreme court with a simple Act of Parliament and successfully begin the process of leaving the EU)

(US link)
In the US, Congress has to pass a constitutional amendment if the supreme court strikes legislation down as unconstitutional, which requires a supermajority.
E.g. in 2017 President Donald Trump tried to use an executive order to ban immigration from 11 middle eastern countries, and the supreme court struck it down as unconstitutional as it violated the 1st amendment. (Whereas in the UK, the executive can simply change the wording of the constitution, in the US there is a separation of powers preventing the President from altering the constitution. Therefore, the US executive is more effectively scrutinised than that of the UK)

Question 4

Conc

Answer 4

Yes:

• The PM does not have to consult parliament to take military action
• The PM and Parliament can override the SC