Monarch, Crown, and Royal Prerogative Flashcards

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1
Q

Royal prerogative is a source of ________ power recognised at ________ ___ by the courts

A

government, common law

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2
Q

Parliament has the power to ______ the royal prerogative powers and __ ____ ____ can be created

A

abolish, no new ones

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3
Q

If a statute overlaps with a prerogative power, the what will take precedent?

A

The statute

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4
Q

The Crown (Monarch, government, privy council etc) cannot use a prerogative power to _______ ___ ________ of Parliament

A

thwart the intention

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5
Q

Prerogative power cannot be used to change ___ law or its __________

A

UK, sources

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6
Q

Statutes do not ______ __ ______ unless the statute expressly says so or it obviously does by implication

A

bind the Crown

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7
Q

What is the name of prerogative powers that are exercised by ministers on behalf of the Crown?

A

Ministerial prerogative powers

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8
Q

Give 3 examples of ministerial prerogative powers

A
  1. Acquire or cede territory
  2. Deploy troops
  3. Negotiate treaties
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9
Q

What is the name of prerogative powers that are personally exercised by the Monarch?

A

Personal prerogative powers

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10
Q

Give 3 examples of personal prerogative powers.

A
  1. Appoint the Prime Minister
  2. Dismiss the government
  3. Grant Royal Assent
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11
Q

What is the name of prerogative powers that are deemed historic?

A

Miscellaneous prerogative powers

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12
Q

Give 2 examples of miscellaneous prerogative powers.

A
  1. Right to mine precious metals, construct harbours, mint coins,
  2. Claim ownership of any swans over the River Thames
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13
Q

Give an example of:

  1. Legislative prerogative powers
  2. Judicial legislative powers
A
  1. passage of Orders in Council by the Privy Council
  2. appeals to the Judicial Committee of the Privy Council
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14
Q

Which territories do the Judicial Committee of the Privy Council hear appeals from? (there’s 3)

A
  1. Some Commonwealth nations
  2. British Overseas Territories
  3. Crown dependencies
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15
Q

Who signs and ratifies treaties in the UK?

A

The Crown (although they only do this on the advice of government ministers)

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16
Q

One Crown prerogative powers is ratification of a _______ by Act of Parliament. However a draft must be laid before both Houses of Parliament and government must give both Houses __ ____ scrutinise/vote against it.

A

treaty, 21 days

17
Q

Treaty ratification

If either House votes against ratification, the government can explain why they want to ratify, and the House of _________ then has ___ _____ to scrutinise/reject the treaty

In ‘______________ ___________’, the government can bypass laying the treaty

A

Commons, 21 days, exceptional circumstances

18
Q

For an international treaty to become part of UK law, it needs to be incorporated through an…

A

Act of Parliament

19
Q

What is the term given to the limitation of the Monarch’s prerogative power to appoint ministers, by requiring them to always act on the advice of her ministers?

A

Cardinal Convention

20
Q

If the Monarch disagrees with the advice of the Prime Minister, she has the right to ________ and _____, but must do so ________ and must _______ support the PM’s decision

A

encourage, warn, privately, publicly