The Royal Prerogative

The Royal Prerogative

A Pulatov

Royal prerogative

• In most modern democracies, the government’s only powers are those granted to it by a written constitution or by the legislature. A distinguishing feature of the British constitution is the extent to which government continues to exercise a number of powers which were not granted to it by a written constitution, nor by Parliament, but are, rather, ancient prerogatives of the Crown. - Governance of Britain, White Paper, Cm7170, 2007

Royal prerogative

• Royal prerogative- powers of the Crown
• Monarch’ is the person who is King or Queen; the ‘Crown’ is a much broader term, ‘which today personifies the executive government of the country’ ( BBC v Johns [1965] Ch 32).
• Source of power for goverment - prerogative power (cannot create new RP) or statute
• “. . . the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown . . . Every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of this prerogative.” - Dicey