WK 7 - Powers of the Executive

Question 1

Three sources of legal authority on which the executive branch can
act:

Answer 1

• Statutory powers
• Prerogative powers
• ‘Third Source’ powers

Question 2

Explain, respectively, prerogative and ‘third party’ powers

Answer 2

• Prerogative: Accepted by courts as part of common law
• ‘Third source’: Neither statutory nor prerogative but can act as no law prevents them to do so

Question 3

How can ‘third source’ powers remain uncontroversial?

Answer 3

• As long as a Minister uses this to do things any individual could do, but controversial if used for things private individuals do.
• Government can only do things permitted by law, whereas regular people can do anything as long as not against law

Question 4

Royal Prerogative - previous role

Answer 4

• Monarch used to be the source of all law and power
• The residual power: The royal prerogative
• Monarch exercises royal prerogative, but not in statutes

Question 5

History of royal prerogative -medieval times (1)

Answer 5

• King has powers to protect realm and also those for ‘public good’
• King still not above law, and royal functions exercised appropriately
• Common law courts were King courts used for land title, felonies, etc.
  [Council for other issues]

Question 6

History of royal prerogative - 17th century (2)

Answer 6

• Ordinary v absolute prerogative
• Led to execution of one King and expulsion of another
• Ultimately the issue resolved by Courts and Parliament
• Bill of Rights 1689:
  Growth of responsible gov’t + establishment of constitutional monarchy (over absolute)

Question 7

Explain the difference between ordinary and absolute prerogative

Answer 7

Ordinary: exercises only in defined ways, no discretion from monarch

Absolute: ones King could exercise his discretion on

Question 8

History of royal prerogative - today (3)

Answer 8

• Prerogative powers exercised by or on behalf of Gov’t of the day
• Prior authority of Parliament not needed for many prerogative powers; with limits
• Constitutional Reform and Governance Act 2010

^ If Parliament doesn’t approve an international treaty signed by executive, it will not take effect in domestic law.