Royal Prerogative in UK Law

Leading Cases
  • Maclaine Watson & Company Ltd v International Tin Council
    • House of Lords
    • 26 Octubre 1989

  • R v Secretary of State for the Home Department, ex parte Fire Brigades Union
    • House of Lords
    • 05 Abril 1995

    The prerogative powers of the Crown remain in existence to the extent that Parliament has not expressly or by implication extinguished them. But under the principle in Attorney-General v. De Keyser's Royal Hotel Ltd. [1920] A.C. 508, if Parliament has conferred on the executive statutory powers to do a particular act, that act can only thereafter be done under the statutory powers so conferred: any pre-existing prerogative power to do the same act is pro tanto excluded.

  • R v Secretary of State for the Home Department, ex parte Bentley
    • Queen's Bench Division (Administrative Court)
    • 07 Julio 1993

    The question is simply whether the nature and subject matter of the decision is amenable to the judicial process. Looked at in this way there must be cases in which the exercise of the Royal prerogative is reviewable in our judgment. If, for example, it was clear that the Home Secretary had refused to pardon someone solely on the grounds of their sex, race or religion, the courts would be expected to interfere and in our judgment would be entitled to do so.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984

    Like my noble and learned friend Lord Diplock, I believe that the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter in respect of which prerogative power is exercised is justiciable, that is to say if it is a matter upon which the court can adjudicate, the exercise of the power is subject to review in accordance with the principles developed in respect of the review of the exercise of statutory power.

  • Laker Airways Ltd v Department of Trade
    • Court of Appeal (Civil Division)
    • 15 Diciembre 1976

    In 1611 when the King, as the executive government, sought to govern by making proclamations, Sir Edward Coke declared that: "The King hath no prerogative but that which the law of the land allows him": see the Case of Proclamations (1611) 12 Coke's Reports at page 76.

    by statute, the Executive no longer derives its authority from the Royal Prerogative of the Crown but from Parliament, and that in exercising such authority the Executive is bound to observe the restrictions which Parliament has imposed in favour of the subject.

  • Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
    • House of Lords
    • 21 Abril 1964

    The mobilisation of the industrial and financial resources of the country could not be done without statutory emergency powers. The prerogative is really a relic of a past age, not lost by disuse, but only available for a case not covered by statute. So I would think the proper approach is a historical one: how was it used in former times and how has it been used in modern times?

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  • The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... in Northern Ireland;“instrument” includes (in particular) Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, ... amendments relating to miscarriages of justice and the Royal prerogative of mercy) has effect ... (4) Schedule 7 (which amends the Criminal ... ...
  • Municipal Corporations Act 1882
    • UK Non-devolved
    • 1 de Enero de 1882
    ... ... 15), ss. 19(1), 20, Sch. 5 Pt. II ... 259: Saving for royal prerogative ... Nothing in this Act shall prejudicially affect Her ... ...
  • Civil Contingencies Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ... ... 1 wholly in force at 14.11.2005; s. 1 not in force at Royal Assent, see s. 34; s. 1(1)-(3)(5) in force at 14.11.2005 by S.I ... be made by Act of Parliament or by the exercise of the Royal Prerogative; in particular, regulations may—(a) confer a function on a Minister of ... ...
  • Northern Ireland Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... an Act when it has been passed by the Assembly and has received Royal Assent ... (3) A Bill receives Royal Assent at the beginning of the day ... 23: Prerogative and executive powers ... (1) The executive power in Northern Ireland ... ...
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Books & Journal Articles
  • Brexit and Parliamentary Sovereignty
    • No. 80-4, July 2017
    • The Modern Law Review
    This note addresses the implications of R (Miller) v Secretary of State for Exiting the European Union for the legal principle of parliamentary sovereignty, and argues that the strong restatement o...
    ... ... been strongly applied against the competing claims of EU law , the royal prer ogative, the referendum and de volution. Howev er, the note also ... Craig, ‘Casting Aside Clanking Medieval Chains: Prerogative, Statute and Article 50 after the EU Referendum’ (2016) 79(6) MLR 1041 ... ...
  • The UK EU referendum and the move towards Brexit
    • No. 24-1, February 2017
    • Maastricht Journal of European and Comparative Law
    • 0000
    After the referendum in June 2016, both the EU and the UK were plunged into political turmoil. The withdrawal procedure must be triggered by the UK government, in accordance with the UK’s constitut...
    ... ... consequently faced questions whether the govern-ment could use the royal prerogative and the status of the devolved legislatures in the context ... ...
  • Why Parliament Now Decides on War: Tracing the Growth of the Parliamentary Prerogative through Syria, Libya and Iraq
    • No. 17-4, November 2015
    • British Journal of Politics and International Relations
    • 0000
    Research Highlights and Abstract Precedents set in debates over Iraq, Libya and Syria established a new parliamentary prerogative, that MPs must vote before military action can legitimately be lau...
    ... ...  and much of the British political elite continue to focus on the free rein granted to prime ministers by the historic royal prerogative, this article argues it is critically constrained by its parliamentary counterpart. It ... ...
  • ADF Offensive Cyberspace Operations and Australian Domestic Law: Proprietary and Constitutional Implications
    • No. 47-4, December 2019
    • Federal Law Review
    • 0000
    An Australian Offensive Cyberspace Operations (OCO) capability has emerged as an important sub-component of national power. While significant academic literature exists concerning OCO’s place withi...
    ... ... Further, such executivepowers may exist under a royal war prerogative. As a corollary, we suggest that in an escalatedconflict ... ...
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Law Firm Commentaries
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