The Royal Prerogative

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The Royal Prerogative is mainly a set of executive powers, rights, duties and immunities derived from common law which are designated to the Crown. These include foreign affair issues, maintaining peace in the realm, defence and national security, the running of Civil Service, etc. This power is usually delegated to ministers who then exercise them on the Crown’s behalf. Dicey defined the royal prerogative as “the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the crown”. Whilst this does create a residual understanding of the royal prerogative, Dicey only takes accountability of the powers rather than the rights and immunities as well. Therefore Blackstone provided a narrower understanding by describing the royal prerogative as those powers that ‘the King enjoys alone, in contradistinction to others, and not to those he enjoys in common with any of his subjects’ [William Blackstone, Commentaries on the Laws of England, a facsimile of the first edition of 1765-1769, 1979, p111]. Originally the Crown exercised of power over the country in respect to land, however these caused issues and conflicts. For example, Nowadays the crown’s powers and rights are limited AG v De Keyser's Royal Hotel - The personal prerogatives were identified. R v Sec. of State for the Home Department, ex parte Fire Brigades Union - It is an abuse of power for the executive to purport to use the Royal Prerogative to achieve something which is inconsistent with a statutory scheme and frustrate the will of parliament. R (Bancoult) v Sec. of State for Foreign and Commonwealth Affairs (No. 2) - Sedley believed that a number of Lord Roskill's examples could be regarded as "questionable". Poole’s description of the royal prerogative as inherent is understandable, considering that our constitution is firmly rooted in history. It has
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