royal prerogative


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royal prerogative

in the constitutional law of the UK, the powers of the Crown exercised under the common law. New prerogatives cannot be assumed and old ones can be legislated away. Recognized instances are the rule that the king never dies, there is no interregnum, the king is never an infant and the king can do no wrong, albeit this particular prerogative has been severely curtailed by the Crown Proceedings Act. The more important prerogatives relate to domestic affairs and foreign affairs. In domestic affairs, certain appointments are made in virtue of prerogative affairs. The control of the armed forces and the civil service is a matter of prerogative act. Control of remaining colonies and of the Crown estates is also carried through under the prerogative. The Queen is governor of the Church of England (but has no such position in relation to the equally established Church of Scotland) and is the fountain of honour in relation to the creation of peers and the like, although this is exercised on the recommendation of the Prime Minister. Some honours are in the personal gift of the monarch. The Crown may use reasonable force to put down riots. The Crown has the duty of defending the nation, although the way in which it does so is restricted by the Bill of Rights 1688. The House of Lords held in 1965 that compensation was payable for damage caused by the lawful exercise of the prerogative, but this decision was reversed and with retroactive effect so as to deny the successful pursuers their compensation by the War Damage Act 1965. The prerogative in relation to legislation includes the right to summon and dissolve Parliament and that the Crown is not bound by statute save expressly. Of prerogatives relating to foreign affairs, the most significant is Act of State, that is, an act done to another state or person not owing allegiance to the Crown. The courts will generally treat such as non-justiciable. Examples of Act of State are the making of war and peace and the conclusion of treaties. An alien cannot sue in respect of loss sustained as an Act of State.
References in periodicals archive ?
Ad hoc grasps for gold notwithstanding, Stuart support of the company was steadfast enough to inculcate fears in planters that they would be as slaves to the royal prerogative.
The court held that the Royal Prerogative (meaning that the Prime Minister can take executive decisions after discussion with the Queen and, presumably, the Cabinet without the need to put the matter to Parliament) does not apply and therefore the Prime Minster must obtain the approval of Parliament before the Government can serve notice on the European Commission triggering Article 50.
The Lord Advocate Scotlands most senior law officer will lodge the application as soon as the UK Government lodges its appeal against a High Court ruling preventing them from using the Royal Prerogative to begin the process of the UK leaving the European Union.
The pound continued its upward trajectory after the news, after rising in the wake of a High Court decision which saw campaigners win a landmark battle over Prime Minister Theresa May's decision to use the royal prerogative to trigger Brexit.
Fund manager Gina Miller and others sucessfully argued that the Prime Minister was wrong to invoke Article 50 by Royal prerogative and Parliament should have a say.
Campaigners were celebrating victory in the legal battle against Theresa May's decision to use the Royal Prerogative in her Brexit strategy, with demands for her to now set out her negotiating strategy to MPs.
Until now, the new iron lady was banking on royal prerogative powers that would allow her to officially bypass parliament.
Brexit supporters had hoped royal prerogative would override need to go through Parliament.
She then let it be known that the Brexit deal would be triggered through a medieval process known as Royal Prerogative.
The British government has said its legal advice is that triggering Article 50 of the EU Lisbon Treaty, the formal process to start a two-year countdown to an exit, can be invoked under the royal prerogative, which does not require parliamentary approval.
Creation of Regius Professorships falls under the Royal Prerogative and each appointment is approved by the monarch based on ministerial advice, with 12 being created for the Diamond Jubilee, two others to mark the 200th anniversary of the birth of Charles Darwin in 2009 and prior to that the most recent positions were created by Queen Victoria.
Crowded stands watch Royal Prerogative ridden by Lester Piggott, wins the William Hill Gold Cup at |Redcar in August 1973

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