Prerogative power

Question 1

PP definition

Answer 1

[T]he residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown.
Origins based out of monarchical rule and power from the devolution dicey

Question 2

ROP definition

Answer 2

De smith: Power should not be able to be used freely but rather subject to controls

Question 3

Case of Proclamations

Answer 3

the King hath no prerogative but that which the law of the land allows him’

Question 4

Entick v Carrington 1765

Answer 4

limited PP to statute

Question 5

De Keyser 1920

Answer 5

Less money be paid over prerogative power no owner used statute to back him up

Question 6

GCHQ

Answer 6

the GCHQ case can PP be subject to judicial review yes however is limited by Lord Roskill’s non exhaustive or PP’s that can’t be applicable to review. As this would limit PP too much and ie perroagitve of mercy