Prerogative power

Question 1

what is the royal prerogative as defined by Dicey?

Answer 1

“the residue of discretionary or abitrary authority, which at any given time is legally left in the hands of the Crown”

Question 2

what are the prerogative powers exercisable by the executive?

Answer 2

1. defence of the realm: ability to declare war
2. entering into treaties
3. recognition of Foreign States
4. Issuing passports
5. appointment and dismissal of Ministers
6. prerogative of mercy
7. granting of peerages, honours, arms etc
8. fiscal prerogatives

Question 3

what are the prerogative powers of the monarch?

Answer 3

1. advising ministers
2. appointing the PM and inviting PM to form a government
3. giving royal assent to bills
4. right to prorogue (or end session of) Parliament.

Question 4

four ways in which prerogative powers can be ‘controlled’

Answer 4

1. by application of public law
2. political pressure eg. media
3. by the overriding effect of statute
4. by changes to convention overtime

Question 5

Controls on the use of prerogative powers

Answer 5

1. Parliament can legislate to modify, abolish, or simply put on a statutory footing any particular prerogative power.
2. Secondly, Ministers are accountable to Parliament for all of their actions, including those taken under prerogative powers.
3. constitutional conventions can be adopted to modify the strict legal effect of prerogative power.

Question 6

what is the De Keyser principle?

Answer 6

if Parliament wants to restrict the executive’s use of any Prerogative power, Parliament may do so by passing an Act/statute.

Question 7

what principle was established in Miller?

Answer 7

if prerogative powers are curtailed by legislation, they may sometimes be reinstated by the repeal of that legislation, depending on the construction of the statutes in question.

Question 8

what did the case of GCHQ (Council of Civil Service Unions v Minister for the Civil Service) establish?

Answer 8

Royal Prerogative powers can be subject to judicial review in order that the rule of law is promoted effectively.

Question 9

what were the prerogative powers that were listed in GCHQ?

Answer 9

• national security
• making treaties and conducting forge in policy
• appointment of ministers
• dissolution of parliament
• granting of honours