Royal Prerogative

Question 1

Royal prerogatives: Dismiss PM

Answer 1

• Residue power of Crown
• Exercised by Gov/PM on Crown’s behalf
• ❌Statutory power
• Remain in some imprt’t areas eg going to war

Court decides scope of prerogative power:
- What it allows executive to do
- De Keyer principle: Statute > Prerogative power
- GCHQ: No diffe bw Statutory power & PP
- Held: PP subj to JR (❌immune)
- Except: High level matters eg war (defence) /diplomatic

King’s power to dismiss PM:
By law:
- King has RP to appoint + dismiss PM

By convention:
- PM remain in office if hv majority of Common’s support