Prerogative powers

Question 1

Blackstone?

Answer 1

Special pre-eminence the king hath over and above all persons out of the ordinary course of the common law

Question 2

Dicey?

Answer 2

Residue of discretionary authority which at any given time is legally left into hands of the crown

Every act executive government can lawfully do without authority of the act of parliament is done in virtue

Question 3

Who exercises prerogative powers?

Answer 3

The Crown, embodies monarch and government of the day

Question 4

Bill of rights 1688?

Answer 4

Statute could expressly abolish or restrict existence and exercise of the crowns prerogative powers

Question 5

Appointment of ___________ (List of powers)

Answer 5

Appointment of Ministers

Question 6

Summoning, __________,____________ (List of powers)

Answer 6

Summoning, prorogation and dissolution of parliament

Question 7

Royal assent to _____ (List of powers)

Answer 7

Royal assent to Bills

Question 8

Appointment and regulation of __________ (List of powers)

Answer 8

Appointment and regulation of the civil service

Question 9

The commission of ____________________(List of powers)

Answer 9

The commission of officers in the armed forces

Question 10

Directing the disposition of ________ (List of powers)

Answer 10

Directing the disposition of armed forces

Question 11

__________ of Kings counsel (List of powers)

Answer 11

Appointment of Kings counsel

Question 12

Issue and withdrawal of __________ (List of powers)

Answer 12

Issue and withdrawal of passports

Question 13

Prerogative of ______ (List of powers)

Answer 13

Prerogative of mercy

Question 14

What is legislative supremacy of parliament?

Answer 14

They can abolish or restrict operation of prerogative powers

Question 15

AG V De Keyser hotel 1920 (Parliamentary control)

Answer 15

Hotel as war office during ww1 under defence of realm regulations providing compensation in return.

Crown did not pay and argued right under prerogative powers.

Held, prerogative powers did not allow repossession uncompensated

Question 16

Chandler v DPP 1964 (Judicial control)

Answer 16

Lord Devlin said courts would intervene to correct excess or abuse in use of prerogative powers

Question 17

GCHQ case, turning point

Answer 17

Since 1947 workers allowed to join union, until 1983 where this was forbidden
HOL had to decide whether courts had power to review order under royal prerogative

Question 18

Lord Roskill six non justiciable prerogative powers

Answer 18

Making of treaties
Defence of the realm
Prerogative of mercy
Granting of honours
Dissolution of parliament
Appointment of ministers

Question 19

Defence of the realm?

Answer 19

National security

Question 20

R v MOD 1996

Answer 20

Homosexual woman and man discharged from army as incompatible with service in forces.

Case justiciable relating to defence of realm