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 ?
"The power to prorogue is a prerogative power and the Prime Minister had the vires (powers) to advise the sovereign as to its exercise."
- If the Act was amended, should the prerogative power to prorogue Parliament be made statutory and subject to approval by the Commons?
That said the power to recommend suspension of parliament is a prerogative power and, although that does not mean it is not subject to judicial review, the court's jurisdiction is more circumscribed when reviewing the exercise of prerogative power.
Speaking to BBC News, Miller said the PM was "hijacking the Queen's prerogative power" and using it for "unscrupulous means".
He said that it will be the prerogative power of NAB trial court to grant bail or not to the accused.
The News Agency of Nigeria (NAN), quotes the Zamfara Chief Judge, Justice Mukhtar Yushau, as saying at the occasion that granting amnesty to the inmates was a prerogative power vested in the governor which he exercised.
It is the prerogative power of the Speaker to evolve his own procedure to conduct the proceedings in the House," it said.
It was the Prime Minister who asked for an extension, it was the Prime Minister who changed the date by prerogative power from March 29 to April 12.
Their argument was that a Court had the authority to limit the exercise by Congress of its prerogative power over the legislative franchise.
'The release of Kem Sokha, under court conditions, was a humanitarian act under the prerogative power of the investigating judge.
Obaiduddin informed the standing committee that before 2011, the government employees were allotted house under prerogative power and after 2011 Supreme Court orders, the allotment of houses has been made under general waiting list.