The Royal Prerogative

Convention and RP

• Royal Assent – Queen has a choice as to whether to assent to a Bill or no? Brazier’s phrase, ‘a permanent subversion of the democratic basis of the constitution’
• Appointment of ministers- where one party did not have an overall majority of seats or lost of support of majority in Parlaiment

Convention and RP

• Dissolution of Parliament
• Foreign affairs – treaties (international agreements) . Convention replaced with s.20 Constitutional Reform and Governance Act 2010.
• War- need approval of Parliament ?

Legal control of RP

• Statute vs RP
• ATTORNEY GENERAL V DE KEYSER’S ROYAL HOTEL [1920] The Defence of the Realm Act 1914 vs RP (no express repealed RP)
• The statute ‘abridges the royal prerogative while it is in force’ and ‘the prerogative to do that thing is in abeyance’. That is, the prerogative was not necessarily repealed – it does not automatically disappear forever from the body of law. Note: but can if needed with express wording