Prerogative powers are very important source of UK Constitution dealing with issues such as foreign affairs. There are not written down, and can only be followed in common law. All major prerogative is now regulated by conventions.[1] Despite being the Mo

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Prerogative powers are very important source of UK Constitution dealing with issues such as foreign affairs. There are not written down, and can only be followed in common law. All major prerogative is now regulated by conventions. Despite being the Monarch’s powers, they are being exercised by the Government. With no direct control, they are constantly being abused being seen as an indefinable constitutional power appearing in any form and under any circumstances.

Prerogative remains a extensive mixture of rights, powers, duties and immunities operating in all the spheres of government. The most classic definition is by A. V Dicey ‘ the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown.’ 

Exercise of royal prerogative is expressed by formal documents, by orders in Council or by instructions from Ministers acting on the Monarch behalf.

Some of them belong to the Monarch (like appointing Ministers, power to dissolve parliament, assent to legislation, granting honours), but most is exercised by the Government on the Monarch behalf.

In case of domestic affairs it is: appointment and regulation of civil service (GSHQ case), directing the deposition of the armed forces and commissioning its officers (Chandler v Director of Public Prosecutions [1964] AC 763), the prerogative of mercy (R v Foster [1985] QB 115), protecting the public interest (Gouriet v Union of Post Office Workers [1978] AC 435), keeping the Queen’s peace (R v Home Secretary, ex parte Northumbria Police Authority [1989] 1 QB 26) , defence of the realm and emergency powers (Burmah Oil v Lord Advocate [1965] AC 75), the administration of justice (Prohibition del Roy [1603] 12 Co Rep 63).

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In case of foreign affairs: declaration of war and peace, making treaties, recognition of foreign states, the accreditation and reception of diplomats, annexation and cessation of territories, deployment of the armed forces on operations abroad.

In 1611 Case of Proclamation established the basic principle about determining the prerogative. It was stated that ‘the king hath no prerogative but what the law of the land allows’, letting the court to decide whether a prerogative power exists and if it does, to control its use. In 1965 Lord Diplock stated ‘it is 350 years and a civil war too late for ...

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A bitty essay, that lacks the sophistication required to attract top marks (make a point, show the evidence, and explain in the context of the question). However, the cases law used is relevant and abundant. The student should have attempted a conclusion and addressed reform. 3 Stars.