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Question: Practice essay (2009) for the new Constitutional Reform and Governance Bill Part 2. States the constitutional convention for which governs the arrangements for laying treaties before Parliament ( the “Ponsonby Rule”) should be placed in statute. Discussing the implications of codifying conventions and royal prerogative powers.
Answer: Prerogative powers, as Dicey refers to, is “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown,” of which over time has effectively been devolved by the Monarch to the Executive. The reason it is defined as ‘arbitrary authority’ is due to the extreme privilege these prerogative powers gave to those who exercised them. The flexibility in the British constitution, as it exists today, allows for prerogative powers to be practised to its maximum level as there are no specific set of rules laid out to restrict them. Thus the abuse of prerogative powers have been applied as in the case of Bancoult v Sec of State (2008) whereby the government expelled the population of Chagos under the use of the royal prerogative powe......(short extract)
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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 669 | References: Yes | Date written: November, 2009 | Date submitted: January 02, 2012 | Coursework ID: 709
