The Royal Prerogative

statute

• statute can simply limit the scope of, rather than utterly destroy RP
• statute provides exclusive rights to do a certain thing, then the prerogative can run in parallel to the statutory power.
• A prerogative can be explicitly preserved as part of a statutory scheme - (s.33(5) Immigration Act 1971: ‘This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative)

Identifying RP

• R V SECRETARY OF STATE FOR THE HOME DEPARTMENT EX PARTE NORTHUMBRIA POLICE AUTHORITY [1989] 1 QB 26 - a) the Police Act 1964 and b) a royal prerogative power of keeping the peace . The prerogative could not be used where it would be incompatible with statute, but that was not the case here. ‘keeping the peace’ prerogative did not existed ?
• “the scarcity of references in the books to the prerogative of keeping the peace within the realm does not disprove that it exists.Rather, it may point to an unspoken assumption that it does” - Norse LJ