THE CROWN, MONARCH AND ROYAL PREROGATIVE POWERS
This essay describes the actual meaning of the term Constitutional monarchy and discuss the
role of Monarch in modern day British constitution. We will also describe the definitions,
examples and importance of Royal prerogative powers and also the fundamental aspects that
can be written in the House of Commons Library Briefing Paper. It also defines the difference
among the conventions and Royal prerogative powers. Lastly, it will discuss the
parliamentary controls and judicial controls on the application of the prerogative powers and
also describe that whether there is need to abolish or reform prerogative powers or not.
Constitutional monarchy is defined as the system of government that is governed by a king
or queen whose power is restricted by its countries constitution. This constitutional monarchy
exists in United Kingdom, Japan and in Thailand. In UK, constitutional monarchy is started
in the 17th century after the development of the ‘glorious revolution’ and after that Bill of
rights 1689 was introduced. It is significant to take into account that Bill of rights are not
similar with Human Rights Act. Instead, it allows the establishment of principles like
frequent parliaments, free elections, freedom of speech (parliamentary privilege that gives
freedom to say anything) and also highlights that taxation needs parliament’s agreement.
These developments shows that the monarch in the UK still have to important role but their
role is mostly symbolic and ceremonial rather than the exercising prerogative powers.
Bradley and Ewing describe the role of Monarch by saying that ‘the queen might govern
but only Prime ministers and other ministers are allowed to rule’. Lord Coke held that the
Monarch in the UK does not possess prerogative powers and the king’s powers are limited to
what the law permits [Case of Proclamations (1611)]. It confirms that the crown has no
power and control to alter common law or statute or not allowed to establish new offenses
through prerogative powers. In 1867, Bagehot describes the role that the monarch has the
right to be accessed, encouraged and warned in the matters of domination. Even though the
current monarch gathers with the Prime Minister weekly and gets Cabinet papers but their
actual influence is quite restricted. Also, monarch stays neutral in party politics and has a
preference to the political circumstances of the country and also protected from political
pressures.
Prerogative powers are described by the Court as they held that ‘the prerogative powers
are those that can be held by the crown but can be exercised by the ministers only if their
, actions align with laws passed by the parliament’ [Miller v Secretary of State for Exiting
the European Union (2017)]. Dicey defines the Royal prerogative powers as ‘the remaining
discretionary or arbitrary powers that the crown can utilize without the approval of
parliament is termed as prerogative and any lawful action that the government takes without
the parliament’s authority depends upon this prerogative’. These are the powers that shows
‘the king is above everyone, surpassing others and beyond common legal norms, based on his
status and dignity’.
The fundamental aspect of the royal prerogative power is that they are lawful in nature
and exclusive to the crown. The House of Commons Library Briefing paper describes
three key features of prerogative powers. First is about the sovereignty of statute law such as
acts of parliaments. It defines that the Act of Parliament is supreme and cannot be changed
when the clash occurs among prerogative and statute. Second feature describes that the usage
of prerogative powers must have to follow the legal obligations of fairness and reason as
defined by common law and all these powers are subject to the Judicial review. Lastly, it tells
that the prerogative powers are eliminated or repealed but cannot be extended by the statue
because they are residual. But if these powers are abolished then UK start moving towards
the codified constitution because of limited flexibility that has its own disadvantages and also
these powers are useful because they are the symbol that shows the crown is above.
The difference among conventions and prerogative powers are described according to
their nature, functions and their enforcement. Constitutional conventions are unwritten rules
that covers the gaps in the constitution or legal framework. They are legally unenforceable
but are characterized as obligatory because of the historical regulations and political needs.
Prerogative powers are ancient rights and privileges that were initially used by the monarch
but are now utilized by government ministers. These powers have been officially integrated
into law that can be seen in many cases. The conventions help to improve the attitude of
political parties in circumstances where the law is silent or ambiguous as these conventions
depends upon the developed practices, traditions, and precedents. On the other hand, the
prerogative powers cover regions such as the behavior of foreign affairs, the defense of the
empire, and the issues of honors and these powers are applied by the government officials or
ministers in the behalf of the Crown.
This essay describes the actual meaning of the term Constitutional monarchy and discuss the
role of Monarch in modern day British constitution. We will also describe the definitions,
examples and importance of Royal prerogative powers and also the fundamental aspects that
can be written in the House of Commons Library Briefing Paper. It also defines the difference
among the conventions and Royal prerogative powers. Lastly, it will discuss the
parliamentary controls and judicial controls on the application of the prerogative powers and
also describe that whether there is need to abolish or reform prerogative powers or not.
Constitutional monarchy is defined as the system of government that is governed by a king
or queen whose power is restricted by its countries constitution. This constitutional monarchy
exists in United Kingdom, Japan and in Thailand. In UK, constitutional monarchy is started
in the 17th century after the development of the ‘glorious revolution’ and after that Bill of
rights 1689 was introduced. It is significant to take into account that Bill of rights are not
similar with Human Rights Act. Instead, it allows the establishment of principles like
frequent parliaments, free elections, freedom of speech (parliamentary privilege that gives
freedom to say anything) and also highlights that taxation needs parliament’s agreement.
These developments shows that the monarch in the UK still have to important role but their
role is mostly symbolic and ceremonial rather than the exercising prerogative powers.
Bradley and Ewing describe the role of Monarch by saying that ‘the queen might govern
but only Prime ministers and other ministers are allowed to rule’. Lord Coke held that the
Monarch in the UK does not possess prerogative powers and the king’s powers are limited to
what the law permits [Case of Proclamations (1611)]. It confirms that the crown has no
power and control to alter common law or statute or not allowed to establish new offenses
through prerogative powers. In 1867, Bagehot describes the role that the monarch has the
right to be accessed, encouraged and warned in the matters of domination. Even though the
current monarch gathers with the Prime Minister weekly and gets Cabinet papers but their
actual influence is quite restricted. Also, monarch stays neutral in party politics and has a
preference to the political circumstances of the country and also protected from political
pressures.
Prerogative powers are described by the Court as they held that ‘the prerogative powers
are those that can be held by the crown but can be exercised by the ministers only if their
, actions align with laws passed by the parliament’ [Miller v Secretary of State for Exiting
the European Union (2017)]. Dicey defines the Royal prerogative powers as ‘the remaining
discretionary or arbitrary powers that the crown can utilize without the approval of
parliament is termed as prerogative and any lawful action that the government takes without
the parliament’s authority depends upon this prerogative’. These are the powers that shows
‘the king is above everyone, surpassing others and beyond common legal norms, based on his
status and dignity’.
The fundamental aspect of the royal prerogative power is that they are lawful in nature
and exclusive to the crown. The House of Commons Library Briefing paper describes
three key features of prerogative powers. First is about the sovereignty of statute law such as
acts of parliaments. It defines that the Act of Parliament is supreme and cannot be changed
when the clash occurs among prerogative and statute. Second feature describes that the usage
of prerogative powers must have to follow the legal obligations of fairness and reason as
defined by common law and all these powers are subject to the Judicial review. Lastly, it tells
that the prerogative powers are eliminated or repealed but cannot be extended by the statue
because they are residual. But if these powers are abolished then UK start moving towards
the codified constitution because of limited flexibility that has its own disadvantages and also
these powers are useful because they are the symbol that shows the crown is above.
The difference among conventions and prerogative powers are described according to
their nature, functions and their enforcement. Constitutional conventions are unwritten rules
that covers the gaps in the constitution or legal framework. They are legally unenforceable
but are characterized as obligatory because of the historical regulations and political needs.
Prerogative powers are ancient rights and privileges that were initially used by the monarch
but are now utilized by government ministers. These powers have been officially integrated
into law that can be seen in many cases. The conventions help to improve the attitude of
political parties in circumstances where the law is silent or ambiguous as these conventions
depends upon the developed practices, traditions, and precedents. On the other hand, the
prerogative powers cover regions such as the behavior of foreign affairs, the defense of the
empire, and the issues of honors and these powers are applied by the government officials or
ministers in the behalf of the Crown.
