Royal Prerogatives and Rule of Law
”The uncertainties surrounding the scope and exercise of the royal prerogative give rise to serious constitutional questions concerning the rule of law in a democratic society.”
Critically assess this statement.
The first task of this essay is to say what the royal prerogative is. Then this essay will attempt to examine the scope and exercise of the said royal prerogative. Lastly this essay shall consider what issues regarding the rule of law are touched upon by the vexatious issue of the royal prerogative.
The royal prerogative is a series of powers that were in the hands of the monarchy in bygone centuries when the maxim ‘voluntas rex lex suprema est’ (the will of the king is the supreme law) was a widely accepted legal maxim. Even then the notion that the king’s word was law was open to question. Over time monarchical power was reduced – it was shared with parliament. The Bill of Rights in 1689 greatly reduced the legal power of the sovereign. This essay has deliberately set itself the task of saying what the prerogative is and the word ‘define’ has been purposefully avoided in view of the fact that the royal prerogative is notoriously hard to describe in precise terms. The royal prerogative includes rights such as treasure trove. Treasure that is found in the United Kingdom mainly belongs to the monarch – some is given to whoever found it. Swans on the Thames are royal property. The Prime Minister appoints and dismisses ministers under royal prerogative powers. Orders issued to the Royal Navy, the Army and the Royal Air Force are are issued under the royal prerogative.
The scope of the royal prerogative powers are extensive but are not much defined by law. A number of cases in the 17th century marked the boundary of the royal prerogative. James I, an ardent believer in the divine right of kings, claimed that he had the right to make law. The issued a proclamation that oats in London be used only to feed people and not horses. Coke LJ ruled that the monarch
Critically assess this statement.
The first task of this essay is to say what the royal prerogative is. Then this essay will attempt to examine the scope and exercise of the said royal prerogative. Lastly this essay shall consider what issues regarding the rule of law are touched upon by the vexatious issue of the royal prerogative.
The royal prerogative is a series of powers that were in the hands of the monarchy in bygone centuries when the maxim ‘voluntas rex lex suprema est’ (the will of the king is the supreme law) was a widely accepted legal maxim. Even then the notion that the king’s word was law was open to question. Over time monarchical power was reduced – it was shared with parliament. The Bill of Rights in 1689 greatly reduced the legal power of the sovereign. This essay has deliberately set itself the task of saying what the prerogative is and the word ‘define’ has been purposefully avoided in view of the fact that the royal prerogative is notoriously hard to describe in precise terms. The royal prerogative includes rights such as treasure trove. Treasure that is found in the United Kingdom mainly belongs to the monarch – some is given to whoever found it. Swans on the Thames are royal property. The Prime Minister appoints and dismisses ministers under royal prerogative powers. Orders issued to the Royal Navy, the Army and the Royal Air Force are are issued under the royal prerogative.
The scope of the royal prerogative powers are extensive but are not much defined by law. A number of cases in the 17th century marked the boundary of the royal prerogative. James I, an ardent believer in the divine right of kings, claimed that he had the right to make law. The issued a proclamation that oats in London be used only to feed people and not horses. Coke LJ ruled that the monarch