KembaraXtra - Legal Terms - Royal Prerogative

The royal prerogative consists of special rights, powers, and immunities belonging to the Crown under the common law. Many prerogative powers are now exercised by ministers on behalf of the Crown. Some powers are exercised personally by the sovereign on advice or according to constitutional convention. The prerogative is one of the oldest sources of executive authority. Its modern use is shaped by law, politics, and convention.

Prerogative powers include important matters of government. They cover foreign affairs, treaties, passports, defence, and the deployment of armed forces. The Crown also acts as the fountain of honour by granting honours and dignities. Certain public appointments are made under the prerogative. These include some senior judicial and ecclesiastical appointments.

The prerogative also has legislative and constitutional aspects. Orders in Council, letters patent, ordinances, and royal warrants may be made under prerogative authority. Royal assent to Bills is given under the prerogative. Prorogation of Parliament also remains a prerogative power. However, the Supreme Court has confirmed that such powers have legal limits.

The prerogative has been affected by statute. Where legislation covers the same subject matter as a prerogative power, the statutory scheme may suspend or replace the prerogative. Courts examine whether Parliament intended to preserve or displace the power. The principle protects parliamentary sovereignty. The executive cannot use prerogative powers to avoid statutory restrictions.

The royal prerogative remains constitutionally significant but legally controlled. It enables government action in areas requiring flexibility and continuity. At the same time, courts may review whether prerogative powers exist and whether they have been lawfully exercised. The modern constitution therefore balances historical executive power with legality. The prerogative continues to be a central topic in public law.