Prerogative Power

Question 1

what is the royal prerogative?

Answer 1

every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of the prerogative.

Question 2

what are the three executive prerogative powers?

Answer 2

• foreign affairs e.g ratification of treaties.
• armed forces/emergencies- defences of the realm
• judicial- mercy- pardoning.

Question 3

what are the three monarch’s constitutional prerogatives?

Answer 3

• appointment of prime minister.
• right to assent to legislation.
• right to prorogue (end a session of) parliament.

Question 4

how to control prerogative powers? Parliament

Answer 4

• parliament can put any prerogative on a statutory footing.
• ministers are accountable to Parliament.
• constitutional convents can be adopted to modify the strict legal effect of prerogative power.

Question 4

how can courts control prerogative ?

Answer 4

prerogative are recognised by the courts through the common law so it should be judges who determine how and to what degree they are able to control its use.
statutory powers are seen as superior when they conflict.

Question 5

what was the effect of the GCHQ case?

Answer 5

courts have the power to review whether the exercise of the prerogative has been carried out lawfully.
- look at nature rather than source of power.

Question 6

what is the position of prerogatives post GCHQ?

Answer 6

• willingness to judicially review prerogatives and to consider the substance of the issue.

Question 7

can courts review high policy matters?

Answer 7

generally considered non-justiciable.