Prerogative Powers

Question 1

What are prerogative powers?

Answer 1

The powers and rights that reside in the crown only:

“Anything the government can do without statutory authority” - Dicey

Question 2

Sovereign constitutional prerogative power

Answer 2

Appointment of the prime minister

Question 3

Prerogative executive powers

Answer 3

• Making of treaties
• Issuing passports
• Declaring war or peace
• Appointment/ Dismissal of ministers

Question 4

When prerogative powers and statute conflict

Answer 4

Attorney- General v De Keyser’s Royal Hotel

“ When a statute is passed… It abridges the Royal Prerogative”

Question 5

When there is a conflict between prerogative and statute?

Answer 5

Statute prevails

Question 6

Mechanisms of control

Answer 6

• Constitutional convention: Appointment of prime minister - MUST appoint person who is in best position to receive the support of the majority of the House of Commons
• Parliamentary oversight of domestic and foreign policy matters
• Courts and judicial review of the Royal prerogative

Question 7

British Broadcasting Corporation v Johns (HM Inspector of Taxes)

Answer 7

No broadening of prerogatives

“It is 350 years and a civil war too late for the Queens courts to broaden the prerogative”