Prerogative Powers

  • Created by: jesskeayy
  • Created on: 06-05-19 19:03
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  • Prerogative Powers
    • Mostly exercised by government ministers in their own right on behalf of the crown
      • Immunity from taxation, royal assent, immunity from prosecution, appointment of PM
      • Parliament can make laws abolishing PP and can make laws regulating them.
        • Acts of Parliament take precedent over prerogative powers
    • Courts have ability to modify prerogative powers, though it's rare they exercise these powers
      • PP are part of the constitution, so the courts rarely want to be seen to be interfering with this
      • Essential in some cases for government functioning i.e. to start a war
        • Tony Blair Iraq War. Not to be interfered with, due to courts not being able to address political issues
    • GCHQ case- up until this case, it was thought that the courts could not review how prerogative powers were exercised
    • Burmah Oil v Attorney General- prerogative powers to seize and destroy property during wartime was held to continue to exist
      • Government still had a common law obligation to pay compensation
    • Dicey- the residue of discretionary/ arbitrary authority, which at any given time is legally left in the hands of the Crown
    • Law of prerogative is usually manifested through Orders in Council by the Privy Council
      • Allows flexibility in urgent situations and saves time without the need for legislation being made
      • Non-representative of a democratic society.
    • R v Secretary of State ex parte Northumbria Police Authority
      • Authority sought a declaration that minister had no power to issue baton rounds or tear gas without the consent of local authority
        • Sec of state had authority under PACE 84 to implement, so prerogative powers were not necessary
    • (R) Miller v Secretary of State for Exiting the EU [2017]

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