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 ?
24) The judge considered various cases affirming that issues relating to Canada's negotiation and compliance with treaties will be decided by the executive exercising the royal prerogative.
If that manual is any example, it is simply a further attempt by the PMO/PCO to extend the PM's control over the personal prerogatives, as evidenced by its stating that while "Prorogation of Parliament is an exercise of the royal prerogative .
In July 1996 the Royal Prerogative was exercised and both men were released.
The erosion of the Royal Prerogative in the United Kingdom is not new.
Governor General Lord Byng, exercising the royal prerogative, denied the request of his Liberal Prime Minister, Mackenzie King to dissolve Parliament when facing certain defeat.
3) The Tories demanded that Lord Elgin use his royal prerogative to sustain them in power, over the wishes of the legislature.
The July 2007 Governance green paper renounces the executive's royal prerogative powers under which ministers exercise authority in the Queen's name without being obliged to consult Parliament or the public and pledges 'to limit its own power by placing the most important of these powers onto a more formal footing, conferring power on Parliament to determine how they are exercised in future' (Ministry of Justice, 2007a, 15).
Yesterday the Shields family was overjoyed as Lord Justice May and Mr Justice Maddison, sitting at the High Court in London, declared: "It is, in our judgement, open to the Secretary of State to entertain a request to exercise the royal prerogative.
Justice Secretary Jack Straw said he lacked the power to exercise the royal prerogative to grant Shields a free pardon because he had been sentenced abroad.
Justice Secretary Jack Straw was urged to exercise the royal prerogative to grant Shields a free pardon, but Mr Straw argued he lacked the power because Shields had been sentenced abroad.
From the accession of James I in 1603 to the outbreak of civil war in 1642, the political controversies of this era came increasingly to appear as debates about the extent of the royal prerogative.
Let's pray that when he visits the Queen at the palace on June 27, to offer his resignation Her Majesty uses her royal prerogative to have him escorted to the Tower of London.

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