Prerogative Power

Question 1

What is prerogative power?

Answer 1

Residual personal power of the monarch, that has not been created and regulated by Parliament

Question 2

Can the prerogative power be expanded?

Answer 2

No it can only be reduced - ‘It is 350 years and a civil war too law for the Queen’s courts to broaden the prerogative.’

Question 3

Who can exercise prerogative power?

Answer 3

Although residual power of the monarch, it is now exercised by the executive and primarily the Prime Minister.

Ones exercised specifically by the monarch are done so on the advice of the Prime Minister.

Question 4

What prerogative powers relate to foreign affairs?

Answer 4

• recognition of other sovereign states and their representatives
• the making and ratification of treaties
• the conduct of diplomacy
• granting and revoking passports
• the governance of British overseas territories

Question 5

What prerogative powers relate to armed forces/emergencies?

Answer 5

• taking measures for the defence of the realm, including mobilising and controlling the armed forces
• in times of emergency, this includes power to seize control of neutral property or to requisition ships at war time

Question 6

What prerogative powers relate to judicial affairs?

Answer 6

The Home Secretary on behalf of the Crown may pardon those convicted of criminal offences prosecuted by the Crown

Question 7

What prerogative powers are exercised by the monarch still?

Answer 7

• the appointment of the Prime Minister
• the right to assent to legislation
• the right to prorogue parliament

Question 8

What legal prerogatives does the crown have?

Answer 8

• presumption that the Crown is not bound by statute, unless express words have been used or it can be inferred by necessary implication
• immunity from some litigation - not directly subject to contempt of court and the sovereign has personal immunity from prosecution or being sued for a wrongful act

Question 9

Why is it important that prerogative powers are controlled?

Answer 9

As they give a lot of power to the executive, control is important to prevent abuse.

Question 10

What parliamentary control is there of prerogative powers?

Answer 10

• Parliament can legislate, modify, abolish or put on a statutory footing any particular prerogative power eg Fixed Terms Parliaments Act 2011
• Ministers are also accountable to Parliament for all of their actions, including use of prerogative powers
• constitutional conventions such as parliamentary approval for military intervention

Question 11

What court control is there of prerogative powers?

Answer 11

• the courts have reviewed the executive’s use of prerogative powers since the 17th century
• able to adjudicate on scope of prerogative power ie what the power entailed and encompassed
• prepared to review how the government used its prerogative powers so use of power in scope could still be illegitimate

Question 12

What takes precedence, statutory or prerogative powers?

Answer 12

Statutory power