Question: ‘Prerogative powers remain an important element of the United Kingdom’s constitution. Should they be subject to greater Parliamentary and judicial scrutiny?’ Discuss.
Answer: According to Bradley and Ewing, ‘Constitutional and Administrative Law’ , the power exercised by the monarch is referred to as personal prerogatives, and the one exercised by ministers as the ‘prerogative power of ministers.’ There is no clear or precise list on the powers of the prerogative. The prerogative today refers to ‘those legal attributes of the Crown which the Common law recognises at differing significantly from those of private persons.’ . Both the monarch and the government need powers to perform their constitutional functions. The rule of law requires these powers are grounded in law and the Parliament has also put some prerogatives on a statutory footing. Historically, the Queen may reign, but the Sovereign by constitutional convention came to act on ministerial ......(short extract)
Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 2nd/3rd | Words: 1872 | References: Yes | Date written: January, 2010 | Date submitted: January 16, 2012 | Coursework ID: 715