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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
statements are expressed in terms of Crown prerogative. But there can be
Gwyn Gregory John Pontarddulais Let the people speak through online voting SO the High Court ruling is extremely clear - the UK government cannot trigger Article 50 using the Crown prerogative. What should happen now?
First Minister Carwyn Jones, AM for Bridgend, said: "The High Court ruling is extremely clear - the UK Government cannot trigger Article 50 using the Crown prerogative. Indeed, this is consistent with many of the arguments made by the Leave campaign themselves about Parliamentary sovereignty.
They were signed under Crown Prerogative Powers exercised by Ministers and parliament was told they had no power to overturn them, which under Treaty Law, was true.
But in foreign affairs the government is not subject to approval by parliament or subject to comparable judicial scrutiny because treaty making and relations with other states or international institutions is done under the crown prerogative.
(28) Major Alexander Bolt, "The Crown Prerogative as Applied to Military Operations," Office fo the Judge Advocate General, Strategic Legal Paper Series, Issue 2 (2008): 3.6.4; available at http://www.forces.gc.ca/en/about-reports-pubs-militarv-law-strategic-legal-paper/crown-prerogative-power.page
(110) The term "royal prerogative" is used interchangeably with "crown prerogative."
See Major Alexander Bolt, The Crown Prerogative as Applied to Military Operations (Ottawa: Office of the Judge Advocate General, Strategic Legal Paper Series, 2008) at 8 [Bolt].
With respect to the judicial review of these powers, Mgbeoji states that: "It is now settled law in Canada that where an exercise of Crown prerogative breaches written laws, the courts will not shirk from the duty of reviewing the Crown prerogative in issue.
She acknowledged that exercises of Crown prerogative powers were subject to a duty of fairness where a decision affects the rights of individuals.
of Crown prerogative. Having done so, he invited the executive and