The Crown

Question 1

Can any new prerogative powers be created?

Answer 1

No, the Government should seek the necessary powers from Parliament

Question 2

Where a statute and prerogative overlap and therefore conflict, which takes precedence?

Answer 2

Statute

Question 3

Can government use the prerogative powers granted to it to bring Acts into force, to delay doing so indefinitely?

Answer 3

No because it undermines the intention of Parliament as expressed in the Act

Question 4

Can the Royal Prerogative be used to change the law?

Answer 4

No

Question 5

Could the government use the royal prerogative to enter/leave international treaties, to invoke Article 50 f the Treaty on EU to start BREXIT?

Answer 5

No, because this would involve changing the law, and prerogative cannot be used to change the law

Question 6

When do statutes bind the Crown?

Answer 6

Only when expressly stated or by necessary implication

Question 7

Can the prerogative be challenged in court?

Answer 7

Yes, despite courts previously taking the view that most prerogative powers were matters of politics rather than law

Question 8

What can prerogative powers be constrained by?

Answer 8

Key constitutional principles

Question 9

What are the three informal types of prerogative?

Answer 9

1. Ministerial Prerogative Powers
2. Personal Prerogative Powers
3. Miscellaneous/archaic Prerogative Powers

Question 10

What are Ministerial Prerogative Powers?

Answer 10

Powers exercised by government ministers on behalf of Crown. Examples:

1. Pardons are granted by the Home Secretary and approved by the Monarch
2. Passpowerts are issued by [] on behalf of the Crown

Question 11

To what extent can parliament decide how ministerial prerogative powers are used, and why?

Answer 11

Parliament is limited to an oversight role (how the powers are exercised) but cannot say infuence the use of the powers as the royal prerogative is derived from law rather than statute

Question 12

Name some examples of the Ministerial Prerogative Powers?

Answer 12

1. Aquiring/ceding territory
2. Negotiaton and ratification of international treaties
3. Conducting diplomacy and appointment of ambassadors and High Commissioners
4. Deploying the armed forces overseas and declarations of war
5. Use of armed forces within the UK to support the police
6. The PM’s power to appoint and remove ministers from government
7. Passports
8. Granting of pardons and power to stop criminal prosecutions

Question 13

What are Personal Prerogative Powers?

Answer 13

Prerogative powers personally exercised by the Monarch such as appointing the PM, dismissing government, proroguing parliament and granting Royal Assent to Acts

Question 14

What are Miscellaneous/Archaic Prerogative Powers?

Answer 14

Other powers such as the right to mine previous metals and ownership of sturgeon on certain stretches of the River Thames

Question 15

What are the Monarch’s legislative Prerogative Powers?

Answer 15

Passing Orders in Council by the Privy Council and granting Royal Assent to Acts

Question 16

What are the Monarch’s Legislative Prerogative Powers?

Answer 16

Mostly exercised by minsters but the Judicial Committee of the Privy Council can hear appeals from some Commonwealth countries

Question 17

What is the Royal Prerogative

Answer 17

Source of government power recognised at common law by the courts

Question 18

How is the prerogative power to ratify international treaties regulated by statute?

Answer 18

Constitutional Reform and Governance Act, 2020 requires the government to publish a draft of the treaty before Parliament. If 21 days pass and neither house votes against passing the treaty, it is deemed to be ratified

Question 19

What happens if any House of Parliament votes against ratifying a treaty in the 21 day period that the treaty is laid with parliament?

Answer 19

Government can explain why they still want to ratify the treaty and the House of Commons has a further 21 days to vote negatively. House of Lords HAS NO SAY at this stage

Question 20

Can the House of Lords vote against ratification in the second 21 day period after an initial rejection of ratification?

Answer 20

No

Question 21

What is the Cardinal Convention?

Answer 21

Constitutional convention that the Monarch always acts on advice of his ministers, particularly the PM

Question 22

How are prerogative powers regulated?

Answer 22

By statute, common law or constitutional convention

Question 23

Can the Monarch make any public statement if they disagree with the advice of the Ministers or PM, and why or why not?

Answer 23

No, they are prevented from doing so under the Cardinal Convention

Question 24

What are the rights of the Monarch under the Cardinal Convention?

Answer 24

To be consulted, to encourage and to warn

Question 25

How is the royal prerogative to deploy the armed forces tamed by constitutional convention?

Answer 25

Ordinarily a ministerial prerogative power but since Iraq 2003, the government seeks the support of the House of Commons

Question 26

Who appoints the Prime Minister and under what power?

Answer 26

The Monarch by royal prerogative appoints an MP who can command th House of Commons

Question 27

Does the PM resign when there is a hung parliament (i.e. no clear majority)

Answer 27

No, unless they lose the confidence of the House of Commons