Prerogative Power

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Prerogative Power

By | June 2013
Page 1 of 6
Prerogatives Powers or the Royal Prerogatives
PP or RP are defined by AV Dicey as being ‘the remaining portion of the crown’s original authority and is therefore the name for the residue of discretionary power left at any moment in the hands of the crown whether such power be in fact exercise by the king himself or by his ministers’. Today there are still many PP available to ministers and the monarch and these powers are often exercise without restraint and in controversial situations. PP are nevertheless important and they are not subject to tough enough parliamentary and judiciary scrutiny and I will support this by examining the available PP and their usage as well as the limited restrains from parliament and the judiciary on their use. History of PP

Formally in the UK, executive powers are rested in the crown. However in reality this is not the case. Traditionally this was the stance in the UK. However in modern times, the most important PP are available only to the prime ministers and other cabinet ministers. However, the monarch still have some personal prerogatives powers at their disposal but this are not mostly carried out on the advice of the prime minster. Main prerogatives powers

When looking at domestic affairs the personal PP of the monarch include immunity from taxation (although since 1993 Queen Elizabeth II) has voluntarily paid taxes on her private income). Immunity from prosecution, appointment of honours, appointment of PM, dismissal of government, dissolution of parliament, and granting the royal assent. However some powers are merely formalities and the monarch have to follow convention in the exercise while its other powers are exercise on the advice of the PM. As Walter Beigehout put it the monarch still have the rights to be consulted, the right to encourage and the right to won in terms of the powers available to the monarch towards the government. The PP of the ministerial executives include the power of pardon the crown not being...