The Crown Flashcards
Can any new prerogative powers be created?
No, the Government should seek the necessary powers from Parliament
Where a statute and prerogative overlap and therefore conflict, which takes precedence?
Statute
Can government use the prerogative powers granted to it to bring Acts into force, to delay doing so indefinitely?
No because it undermines the intention of Parliament as expressed in the Act
Can the Royal Prerogative be used to change the law?
No
Could the government use the royal prerogative to enter/leave international treaties, to invoke Article 50 f the Treaty on EU to start BREXIT?
No, because this would involve changing the law, and prerogative cannot be used to change the law
When do statutes bind the Crown?
Only when expressly stated or by necessary implication
Can the prerogative be challenged in court?
Yes, despite courts previously taking the view that most prerogative powers were matters of politics rather than law
What can prerogative powers be constrained by?
Key constitutional principles
What are the three informal types of prerogative?
- Ministerial Prerogative Powers
- Personal Prerogative Powers
- Miscellaneous/archaic Prerogative Powers
What are Ministerial Prerogative Powers?
Powers exercised by government ministers on behalf of Crown. Examples:
- Pardons are granted by the Home Secretary and approved by the Monarch
- Passpowerts are issued by [] on behalf of the Crown
To what extent can parliament decide how ministerial prerogative powers are used, and why?
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
Name some examples of the Ministerial Prerogative Powers?
- Aquiring/ceding territory
- Negotiaton and ratification of international treaties
- Conducting diplomacy and appointment of ambassadors and High Commissioners
- Deploying the armed forces overseas and declarations of war
- Use of armed forces within the UK to support the police
- The PM’s power to appoint and remove ministers from government
- Passports
- Granting of pardons and power to stop criminal prosecutions
What are Personal Prerogative Powers?
Prerogative powers personally exercised by the Monarch such as appointing the PM, dismissing government, proroguing parliament and granting Royal Assent to Acts
What are Miscellaneous/Archaic Prerogative Powers?
Other powers such as the right to mine previous metals and ownership of sturgeon on certain stretches of the River Thames
What are the Monarch’s legislative Prerogative Powers?
Passing Orders in Council by the Privy Council and granting Royal Assent to Acts
What are the Monarch’s Legislative Prerogative Powers?
Mostly exercised by minsters but the Judicial Committee of the Privy Council can hear appeals from some Commonwealth countries
What is the Royal Prerogative
Source of government power recognised at common law by the courts
How is the prerogative power to ratify international treaties regulated by statute?
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
What happens if any House of Parliament votes against ratifying a treaty in the 21 day period that the treaty is laid with parliament?
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
Can the House of Lords vote against ratification in the second 21 day period after an initial rejection of ratification?
No
What is the Cardinal Convention?
Constitutional convention that the Monarch always acts on advice of his ministers, particularly the PM
How are prerogative powers regulated?
By statute, common law or constitutional convention
Can the Monarch make any public statement if they disagree with the advice of the Ministers or PM, and why or why not?
No, they are prevented from doing so under the Cardinal Convention
What are the rights of the Monarch under the Cardinal Convention?
To be consulted, to encourage and to warn
How is the royal prerogative to deploy the armed forces tamed by constitutional convention?
Ordinarily a ministerial prerogative power but since Iraq 2003, the government seeks the support of the House of Commons
Who appoints the Prime Minister and under what power?
The Monarch by royal prerogative appoints an MP who can command th House of Commons
Does the PM resign when there is a hung parliament (i.e. no clear majority)
No, unless they lose the confidence of the House of Commons
