Unwritten sources of the constitution (1) prerogative powers
What do we mean by unwritten
- Not a formalised legal document such as a statute, piece of delegated legislation, or report
of a judgement creating case law
- May be written ABOUT and/or described in guidance for ministers or members of parliament
- May be written ABOUT and/or described in academic legal textbooks
- Two key ‘unwritten’ parts of the UK constitution:
-Prerogative powers( authority of power of individuals working in the state over making
decisions)
-Constitutional conventions
Evolution of constitution overtime
Monarchy- all decision-making power belonged to the king/queen
PM- Executive power, King largely symbolic
Parliament- more power to elected house of commons
Prerogative powers as ‘residual’ powers belonging to the crowns
- As more decision-making powers move to parliament/judges, and much of what the
executive can do is regulated by statute, prerogative powers are ‘residual’
- Residual= what is left behind
Two types of prerogative powers
- Personal powers- those that are still carried out by the monarch
- Crown powers- prerogative powers carried out on behalf of the monarch by ministers/
executive employees( his majesty’s government)a law cannot be a law without royal assent,
royal assent also cannot be delegated, it has to be signed by kings Charles
Prerogative powers can be used without the need for authorisation from parliament or court
Examples of personal prerogative powers
- Act a general election the monarch appoints a PM to form the government
- Monarch has to agree every act of parliament- royal assent
- Monarch has the power to suspend parliament
- The right to advise, consult, warn prime ministers/ government
Examples of crown prerogative powers
- Granting/ refusal of passports
- Prerogative of foreign affairs (make agreements with foreign countries)
- Power to deploy armed forces
- Power to pardon
Key facts about prerogative powers
What do we mean by unwritten
- Not a formalised legal document such as a statute, piece of delegated legislation, or report
of a judgement creating case law
- May be written ABOUT and/or described in guidance for ministers or members of parliament
- May be written ABOUT and/or described in academic legal textbooks
- Two key ‘unwritten’ parts of the UK constitution:
-Prerogative powers( authority of power of individuals working in the state over making
decisions)
-Constitutional conventions
Evolution of constitution overtime
Monarchy- all decision-making power belonged to the king/queen
PM- Executive power, King largely symbolic
Parliament- more power to elected house of commons
Prerogative powers as ‘residual’ powers belonging to the crowns
- As more decision-making powers move to parliament/judges, and much of what the
executive can do is regulated by statute, prerogative powers are ‘residual’
- Residual= what is left behind
Two types of prerogative powers
- Personal powers- those that are still carried out by the monarch
- Crown powers- prerogative powers carried out on behalf of the monarch by ministers/
executive employees( his majesty’s government)a law cannot be a law without royal assent,
royal assent also cannot be delegated, it has to be signed by kings Charles
Prerogative powers can be used without the need for authorisation from parliament or court
Examples of personal prerogative powers
- Act a general election the monarch appoints a PM to form the government
- Monarch has to agree every act of parliament- royal assent
- Monarch has the power to suspend parliament
- The right to advise, consult, warn prime ministers/ government
Examples of crown prerogative powers
- Granting/ refusal of passports
- Prerogative of foreign affairs (make agreements with foreign countries)
- Power to deploy armed forces
- Power to pardon
Key facts about prerogative powers
