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 ?
"It is nothing more than a royal prerogative and is archaic and would have little bearing today," said Little.
Through the royal prerogative devolved to her by the Sovereign, Mrs May can argue the military action was legal.
Sadly, parliament did not see fit to consult the people on the substantive proposal to trigger Article 50; worse, the High and Supreme Court hearings were about Prime Minister May's attempt to trigger Article 50 alone, based on the Royal Prerogative, without even consulting parliament.
He also got 539 years for other offences but was freed under a Royal Prerogative in 1996.
Dipping deeply into metropolitan archives and showing exceptional command of historiography, Abigail Swingen explores debates over English imperial goals, the reach of the royal prerogative, and the utility of monopolies.
We already have the bespoke deal the Prime Minister says she is seeking, as we are not in the euro or the Schengen Agreement, yet she persists in her unconstitutional attempt to use the royal prerogative in her costly, and doomed, endeavour to undo decades of legislation which secure our rights as EU citizens, even to the extent of spending taxpayers' money on challenging the High Court ruling that upholds the supremacy of Parliament under the rule of law.
Three senior High Court judges ruled that the Prime Minister does not have power to use the royal prerogative to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the prior authority of Parliament.
THE recent High Court decision in the case brought by Gina Miller and others has highlighted some fundamental and very important issues regarding the rights and duties of Parliament, the Prime Minster acting under the Royal Prerogative and the impact of the decision of the referendum.
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.
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.
May's control of the negotiating process and soften her emphasis on controlling immigration even if that means leaving the European Union's single market, which could be economically damaging." Brexit supporters had hoped royal prerogative would override need to go through Parliament.
Until now, the new iron lady was banking on royal prerogative powers that would allow her to officially bypass parliament.

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