Control Of The Royal Prerogative

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The Royal Prerogative was Originally the power exercised by the reigning King or Queen. However, over time a distinction has been made between the Monarch acting in their own jurisdiction and those powers being seen as embodiment of the State. As the Monarchy was over thrown and a parliament was introduced, the Royal powers were dissolved from the Monarch and exercised by his or her Ministers. In modern times Government Ministers exercise the majority of the prerogative powers, either in their own right or through the advice they provide to The Queen, which she is constitutionally bound to follow. These powers can be broken down in to Domestic powers witch include but are not limited to, the appointment of ministers and the summoning and …show more content…

As accountability has been set out through controls and we can look at those controls to the prerogative in three ways. Judicial, Parliamentary and Constitutional. We will start by looking at the Constitutional controls, back in 1689 the bill of rights was formed limiting the kings powers and use of those powers and setting out the rights of parliament for example the king had to get parliaments permission before raising taxes. In the modern day this allows Executive Ministers to exercise the majority of the prerogative powers in their own right or through the advice they provide to the Queen, which she is, bound constitutionally to follow. If we then exam statuary control of the prerogative, we would see that any statute impedly trumps that power of the royal prerogative. However, a statute and the royal prerogative can exist at the same time (even if potentially contradictory) and if the prerogative power is to be removed by statue the prerogative power must be expressly abolished other wise it is just …show more content…

Considering the importance of a decision on whether or not go to war, it seems outdated and unjust that such a decision in this country can be taken so lightly with out the need of a debate in Parliament at this point I do agree with the out look of Jack Straw. As the powers are not enshrined in statute, they are unclear. In the past, ministers have refused to respond to questioning about its use, on the grounds that they are not responsible to Parliament for providing advice or information in relation to prerogative powers. However, there have been a few times in recent history were the prime minister could have declared war before consulting parliament, for example in 2003 Tony Blair did consult parliament before going to war in Iraq. And then David Cameron stated that parliament would have a vote about joining the Syrian war. Even though this was the first time a prime minister failed to get permission for military action. David Cameron in a debate with the opposition leader (Edd Miliband) made it very clear that he would not use the Royal prerogative stating that "I can give that assurance, I strongly believe in the need for a tough response to the use of chemical weapons, but I also believe in respecting the will of this House of

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