The Crown and the Royal Prerogative Flashcards
What legal powers does the king retain?
They are known as the royal prerogative. king does not personally use these powers
It is not possible to sue the crown. True or false?
False, only the king cannot be sued
All prerogative powers are now contained in Acts of Parliament. True or false?
False
Which of the following prerogative powers can be judicially reviewed:
a) refusal of a passport
b) ratification of a treaty
c) invasion of a foreign country
a) refusal of a passport
What are personal prerogatives?
Prerogative powers that the king is still involved in their use.
e.g. appointment of the prime minister
Does the crown (not just the king) have immunity from criminal law?
Yes
If the government has the same power under the prerogative and statute, what power must the government use?
Statutory
If a prerogative power affects the rights of citizens, can it be reviewed?
Yes
If a prerogative power affects constitutional matters such as treaties or defence, can it be reviewed?
no
After a general election, no political party has a majority in the House of Commons. The existing prime minister wants to carry on in office.
Which of the following statements best summarises what the monarch should do?
A. The monarch should dismiss the prime minister.
B. The monarch should appoint the leader of the largest political party in the House of Commons as prime minister.
C. The monarch should agree that the prime minister can carry on in office.
D. The monarch should advise the prime minister to form a coalition government of the two largest parties in the House of Commons.
E. The monarch should allow the political parties in the House of Commons to negotiate.
E. The monarch should allow the political parties in the House of Commons to negotiate.
A close relative of the monarch is prosecuted for dangerous driving.
Which of the following best summarises the legal position?
A. The relative can be prosecuted, but not sentenced to imprisonment.
B. The relative has immunity from the criminal law.
C. The Crown Proceedings Act 1947 means that the law cannot be enforced against him.
D. By convention, members of the royal family are not prosecuted for minor offences.
E. The relative has no legal immunities or privileges.
E. The relative has no legal immunities or privileges.
An overseas possession of the Crown has been invaded by a foreign state. The government decides to send armed forces to recapture the territory. The government requisitions a ship,
belonging to a private company, to transport soldiers to the possession and refuses to pay any compensation.
Which of the following best summarises the legal position?
A. The government has no legal power to requisition a ship.
B. The government has the legal power to requisition a ship
C. The government has the legal power to requisition a ship, but must pay compensation.
D. The government has no legal power to requisition a ship, without the authority of an Act of Parliament.
E. The government has no legal power to requisition a ship, without the permission of Parliament.
C. The government has the legal power to requisition a ship, but must pay compensation.
A man has been refused a passport on the grounds that he is not a UK citizen. He believes that he can prove that he is a UK citizen.
Which of the following best summarises the man’s legal position?
A. If the man can prove he is a UK citizen, the government must give him a passport.
B. The man cannot challenge a decision made under the royal prerogative.
C. If the man can prove he is a UK citizen, the government has a discretion to give him a passport.
D. If the man can prove he is a UK citizen, the government must have a valid reason for refusing him a passport.
E. The man cannot challenge the citizenship or the passport decision.
D. If the man can prove he is a UK citizen, the government must have a valid reason for refusing him a passport.
A volcanic eruption causes an emergency on a Caribbean island. The prime minister wants to send armed forces to the island to provide humanitarian assistance to the islanders.
Which of the following is the best description of the legal position?
A. The prime minister needs the agreement of the House of Commons.
B. The prime minister needs legislation to authorise this.
C. The prime minister can send the armed forces, but must justify it to the House of Commons.
D. The prime minister needs the agreement of the monarch.
E. The prime minister has the power to do this and does not need any authorisation.
C. The prime minister can send the armed forces, but must justify it to the House of Commons.
