Prerogative power – introduction Flashcards
What is the royal prerogative?
It is a collection of legal powers that the monarch or government ministers can use without parliamentary consent.
Every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of this prerogative.
The UK has developed from an absolutist monarchy to a ……
democratic constitutional monarchy with limited powers.
Who exercises prerogative powers on behalf of the Monarch and what are some examples?
They are exercised by the government on the Monarchs behalf.
Examples include when the government decides to commit troops to war, when it enters into a treaty, or when an appointment is made to the HoL.
What are examples of how prerogative power has been restricted?
The Constitutional Reform and Governance Act made provision for treaties to be ratified only after Parliament has had the opportunity to raise opposing resolutions.
The application of prerogative power can be modified through constitutional conventions which condition how the executive legal powers are actually used.
What does `on the advice of’ the PM mean?
This reflects a very strong constitutional convention that the executive exercises the monarchs powers.
What are ministerial prerogative powers? and what are some examples?
They are those powers which can be exercised by government ministers relating to:
*judicial system
*foreign affairs
*armed forces and emergencies
What are the monarch’s prerogatives?
These are now exercised by the monarch `on the advice o the Prime Minister’ (the monarch could, in theory, refuse to follow the Prime Minister’s advice but has never done so).
*The appointment and removal of ministers
*The appointment of the PM
*The right to assent to legislation
*The creation of peers and the granting of other honours
*The right to dissolve and prorogue Parliament.
What is the Crown’s legal prerogatives?
Crown and statute: There is a presumption that the Crown is not bound by statute, meaning that legislation will not apply to the Crown unless express words have been used or it can be inferred that Parliament did intend to bind the Crown.
Immunity from some litigation: The Crown is not directly subject to the contempt jurisdiction (i.e. contempt of court); and the sovereign has personal immunity from prosecution or being sued for a wrongful act.
