The Prerogative Powers

Question 1

What are prerogative powers?

Answer 1

Residue of discretionary or arbitrary authority left in the hands of the Crown - Dicey.

Question 2

Prerogative powers post 1688

Answer 2

The Case of Prohibitions : monarch wants to sit in judiciary, courts responded negatively
The Case of Impositions: Monarch established new tax (which Parliament could only do), Monarch was able to
The Case of Proclamations: Monarch wanted to establish criminal liability for rate of building, court said no - King does not have the power to ‘make a thing unlawful, which was permitted by the law before.’
Golden v Hales : monarch repealed religious rule

Question 3

Prerogative post 1688

Answer 3

Bill of Rights Art 1: no one can suspend or execute laws without consent of Parliament.

Question 4

Modern prerogative

Answer 4

Exercised mostly through gov ministers either in their own right, through advice they provide to monarch. Monarch constitutionally bound to follow this advice

Question 5

AG v De Keyser’s Royal Hotel [1920]

Answer 5

Hotel requisitioned for soldiers, owners asked for compensation, gov said no.

Held: if there is conflict between statute and the prerogative, the statute prevails

Question 6

Council of Civil Service Unions v Minister for the Civil Service (GCHQ) [1984]

Answer 6

Courts set a new boundary for prerogative: examine its legality and examine limits of siad prerogative.

Question 7

R v SoS for Foreign Affairs ex parte Everrett [1989]

Answer 7

Two major groups of prerogative powers:

1. Higher politics such as declaration of war, courts have little power in regard to its legality.
2. Low politics, courts have higher jurisdiction

Question 8

Miller [2017] / Cherry/Miller

Answer 8

2017: power to trigger art 50.

Miller/Cherry: gov to be held to account in case of disrupting parliament through exercising prerogative powers.