Public Law - The Royal Prerogative

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  • 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.
    • 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
    • Monarch legally responsible for exercise of Prerogative powers
      • by convention, exercised on monarch's behalf by PM and government Ministers

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