Public Law - The Royal Prerogative
- Created by: Alasdair
- Created on: 12-11-20 22:27
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- The Royal Prerogative
- Dicey's definition of Royal Prerogative
- residue of discretionary or arbitrary authority, legally in hands of Crown
- Every lawful act government doesn't do through Parliament, done through Royal Prerogative
- Prerogative powers origins
- derived from common law and exercised by (or in name of) monarch
- Prerogative what remains of absolute powers previously exercised by monarch and not removed by Parliament
- example of Parliament removing aspect of Royal Prerogative
- Crown Proceedings Acts 1947
- Abolished immunity which Crown previously had in respect of claims against it both in tort and contract
- Fixed-term Parliament Act 2011
- Provided fixed days for polls for parliamentary general elections
- Elections now generally held every five years
- Removes power Queen formerly exercised under Royal Prerogative to dissolve Parliament when requested to do so by PM.
- Crown Proceedings Acts 1947
- No definitive list of prerogative powers but modern extent of Royal Prerogative covers:
- Foreign affairs
- Declarations of war and deployment of armed forces overseas
- Making treaties
- Recognition of foreign states
- Domestic affairs
- Summoning of Parliament
- Appointment and dismissal of PM (and other governing Ministers)
- giving Royal Assent to bills
- Defence of realm (ie. deployment of armed forces within UK)
- Exercise of prerogatives of pardon and mercy
- granting public honours
- Foreign affairs
- Monarch legally responsible for exercise of Prerogative powers
- by convention, exercised on monarch's behalf by PM and government Ministers
- Dicey's definition of Royal Prerogative
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