The Royal Prerogative Flashcards
R v Secretary of State for exiting the European Union [2017] UKSC 5
Was the crown entitled to use its prerogative powers to give notice under Article 50 for the UK to cease to be a member of the EU?
Was there constitutional requirement that there be a vote in parliament to authorise this step?
RCJ and the Supreme Court - the government could not rely on prerorative powers.
Royal Prerogative
Ancient, common law powers of the monarch.
Royal Prerogative. Dicey’s definition.
“the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the Crown”
“every act which the executive government can lawfully do without the authority of the Act of Parliament is done in virtue of this prerogative”
Prerogative powers.
No new powers can be created and they cannot get bigger, are only getting smaller.
Summary of prerogative powers.
- Executive powers for the crown.
- Exercisable by the government . ministers and/ or the monarch.
- Their purpose is to provide the Crown with lawful common law executive powers despite the absence of legislation.
PP exercised by ministers in the name of the crown.
- Treaties/ Diplomacy.
- Governance of Overseas territory.
- Declaration of war.
- Deployment of armed services.
- Mercy / Pardons.
Issues with withdrawal of passports.
XH & AI v Sec state for the home Dept [2017] EWCA Civ 41.
Confirmed by the CofA that prerogative powers re. passports continue to exist despite recent legislation.
Relationship between prerogative powers and statute. Cases.
The statute always wins.
AG v De Keyser’s Royal Hotel [1920]
Laker Airways [1977]
Statute will always win, even if it is not yet in force. Case.
Ex Parte Fire Brigades Union [1995]
Justicable
Decisions must be ones that judges are capable of deciding.
Developments in the courts since CCSU. Cases.
- Bentley
- Everett
- Abassi
- Bancoult
- Ex Parte smith
