Lecture 8: Royal Prerogative
Meaning-
Dicey: Powers that gov. has which are not dependent on statues
Blackstone: “..that special pre-eminence which the king hath over and above all other
persons, and out of the ordinary sense of the common law”
In the 18th century the RP is reflective of the monarch’s power
Now it has more democratic foundation; source of gov. power more than
monarchical
These powers are inherent and formally rest with the Crown
Powers derive from Common law
Has been convention nowadays that gov. exercises these on behalf of the crown
Personal prerogative: monarch himself exercises these
No act of parliament is necessary to confer authority of the use if these powers since
they derive from common law
Rap prerogative power: residual powers meaning that they are left after bill of rights
History-
Pre-1688 and the powers of the Crown:
Monarch (king) had great deal of power and could summon, dissolve and end
parliament whenever he wanted
King could legislate by proclamation- saying it out loud
Kind could establish new courts of justice and could dispense justice in his own right
Case of Proclamation supports this, 1611: kings has the power to make law, but
cannot change common law
Case of Prohibitions, 1607: the king cannot adjudge any case
Bill of Rights, 1688 (after):
Contract between Crown and Parliament
Formal establishment of parliamentary sovereignty; accepting that monarch should
have limited power and parliament should be sovereign in country
Stated crown cannot pass laws without parliament’s consent: p is the ultimate
authority now
But Bill did not cover everything
Prerogative powers= those untouched by the Bill of Right
Today:
“is not a settled area of law” remains area of uncertainty; no certain list which makes
it difficult to examine them
Examples:
Foreign affairs:
Declaration of war and peace, enter into treaties, recognition of states…
E.g. Tony Blair followed bush into war in 2003 with Iraq
Mostly used by gov.
Under David Cameron HoC voted against military action in Libya and he respected
this
Parliament is not supposed to be involved in it
Domestic affairs:
Meaning-
Dicey: Powers that gov. has which are not dependent on statues
Blackstone: “..that special pre-eminence which the king hath over and above all other
persons, and out of the ordinary sense of the common law”
In the 18th century the RP is reflective of the monarch’s power
Now it has more democratic foundation; source of gov. power more than
monarchical
These powers are inherent and formally rest with the Crown
Powers derive from Common law
Has been convention nowadays that gov. exercises these on behalf of the crown
Personal prerogative: monarch himself exercises these
No act of parliament is necessary to confer authority of the use if these powers since
they derive from common law
Rap prerogative power: residual powers meaning that they are left after bill of rights
History-
Pre-1688 and the powers of the Crown:
Monarch (king) had great deal of power and could summon, dissolve and end
parliament whenever he wanted
King could legislate by proclamation- saying it out loud
Kind could establish new courts of justice and could dispense justice in his own right
Case of Proclamation supports this, 1611: kings has the power to make law, but
cannot change common law
Case of Prohibitions, 1607: the king cannot adjudge any case
Bill of Rights, 1688 (after):
Contract between Crown and Parliament
Formal establishment of parliamentary sovereignty; accepting that monarch should
have limited power and parliament should be sovereign in country
Stated crown cannot pass laws without parliament’s consent: p is the ultimate
authority now
But Bill did not cover everything
Prerogative powers= those untouched by the Bill of Right
Today:
“is not a settled area of law” remains area of uncertainty; no certain list which makes
it difficult to examine them
Examples:
Foreign affairs:
Declaration of war and peace, enter into treaties, recognition of states…
E.g. Tony Blair followed bush into war in 2003 with Iraq
Mostly used by gov.
Under David Cameron HoC voted against military action in Libya and he respected
this
Parliament is not supposed to be involved in it
Domestic affairs:
