Prerogative Powers Flashcards
1
Q
What are prerogative powers?
A
The powers and rights that reside in the crown only:
“Anything the government can do without statutory authority” - Dicey
2
Q
Sovereign constitutional prerogative power
A
Appointment of the prime minister
3
Q
Prerogative executive powers
A
- Making of treaties
- Issuing passports
- Declaring war or peace
- Appointment/ Dismissal of ministers
4
Q
When prerogative powers and statute conflict
A
Attorney- General v De Keyser’s Royal Hotel
“ When a statute is passed… It abridges the Royal Prerogative”
5
Q
When there is a conflict between prerogative and statute?
A
Statute prevails
6
Q
Mechanisms of control
A
- Constitutional convention: Appointment of prime minister - MUST appoint person who is in best position to receive the support of the majority of the House of Commons
- Parliamentary oversight of domestic and foreign policy matters
- Courts and judicial review of the Royal prerogative
7
Q
British Broadcasting Corporation v Johns (HM Inspector of Taxes)
A
No broadening of prerogatives
“It is 350 years and a civil war too late for the Queens courts to broaden the prerogative”
