In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executives.
Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign. The extent to which the judiciary and the legislature are able to regulate the exercise of prerogative powers by the executive has increased. However, there are still some who are concerned by the lack of control that can be exerted by the other constitutional bodies.
The challenges to the power of the Monarch was by the reign of James I (1603-25) the monarch was faced with an increasing effective Parliament, culminating in the temporary abolition of the monarchy in (1625). Consequently, the monarchy’s powers were eroded by both revolution and by legal challenges, which included the case of Proclamations (1611) , the monarchy could not change the law by proclamation. The law of the land, which required that the law be made by Parliament, limited the prerogative. In the case of Prohibitions Del Roy (1607) the Monarch had no right to act as a judge, and in the case of the Ship Money Case (1637), although th...
... middle of paper ...
Public Law: Text, Cases, and Materials by Andrew Le Sueur, Maurice Sunkin and Jo Murkens (Paperback - 12 Aug 2010) chapter 8 p 368-418
Straw, J, ‘Abolish the royal prerogative’, in A. Barnett Ed., Power and the throne; the monarch Debate (1994) London: Vintage, p. 129.
http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-03861.pdfaccessed on 16/03/2012
http://www.law201.co.uk/95.pdfaccessed on 16/03/2012
http://www.oup.com/uk/orc/bin/9780199219742/01student/mindmaps/loveland_mindmaps_royal_prerogative.pdfaccessed on 17/03/2012
http://www.justice.gov.uk/royal-prerogative.pdf accessed on 17/03/2012
http://www.justice.gov.uk/royal-prerogative.pdf accessed on 18/03/2012
http://www.official-documents.gov.uk/document/cm71/7170/7170.pdf accessed on 19/03/2012
Further reading was from the lecture notes by Dr.PareshKathrani.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- History on the royal prerogative: Encompasses the powers held by the crown. In the course of the historical view about the Royal prerogative, the monarchy at an earlier time was regarded as ‘handed down by God. The phrase used in this day and age is ‘the divine right of kings’ which is an idea expressed from at an earlier time. The crown deliberated honours on its followers and commanded the men to form armies. The crown at the time were in control of the trade and exchange, which included the authority to change the course of dealing such as to close various ports around the country and increase/decrease the taxes on trade.... [tags: monarchy, british constitution, parliament]
1650 words (4.7 pages)
- The royal prerogative is a source of constitutional law, it derives from common law powers that have from the monarchy to the executive. The significance in constitutional law of the prerogative is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of parliament. In constitution terms it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executives.... [tags: England]
1855 words (5.3 pages)
- Charles I and the Establishment of Royal Absolutism Royal absolutism is a state of government whereby the monarch rules supreme, with virtually no legislative power placed in other organisations such as Parliament. For the people of England in the 1630s, it was a very real threat. After the dissolving of Parliament in 1629, Charles I embarked on his Personal Rule. Without analysing whose fault the breakdown in relations was, it was probably the only thing Charles could do in the circumstances.... [tags: King Charles I]
3446 words (9.8 pages)
- The Success of Henry VII in Improving Royal Finances Henry VII was a political realist, he knew he needed a good financial base from which to run the country, but on a more personal note, he also saw the need to create a strong financial situation upon which to secure his reign and dynasty. As Caroline Rodgers states 'Henry was acutely aware of the importance of strong finances if he was to remain safely on the throne.' However, it has often been said of Henry, 'No man has ascended to the throne with such a lack of financial experience and resources as Henry VII.' S.... [tags: Papers]
1141 words (3.3 pages)
- Managers have a degree of choice in how they deal with their employees. (Purcell, 1987) Some may see them as a commodity while others may see them as an important and valuable resource needing to be developed. (Purcell, 1987) Managerial prerogative is defined by Bray, Waring and Cooper (2011: pg 332) as “those areas of decision-making within an organization over which managers claim to have an unfettered right to decide as they see fit.” It is important to define managerial prerogative so that we can establish whether the legislation has increased or diminished it.... [tags: Managerial Control, Collectivism]
1853 words (5.3 pages)
- Ellison’s Powerful Battle Royal I felt a wave of irrational guilt and fear. My teeth chattered, my skin turned to goose flesh, my knees knocked. Yet I was strongly attracted and looked in spite of myself. Had the price of looking been blindness, I would have looked. (Ellison 939) These insightful words written by Ralph Ellison in the powerful short story "Battle Royal," which later became the first chapter in the critically acclaimed novel Invisible Man, convey the repressed desires of the maligned African American spirit, in an age of oppression ruled by ignorance and fear.... [tags: Battle Royal Essays]
1350 words (3.9 pages)
- Battle royal is a story reflecting the post civil war era. With so many privileges and opportunities for Blacks, the future seemed promising but the "Black Codes" limited all of the so called opportunities presented to blacks. It was worst enough to have these "Black Codes" implemented in the southern states, but there were also groups such as the Ku Klux Klan, which enforced the "Black Codes" and were bent on oppressing the blacks. The story seems to be set in the late 1800's. This was a time when blacks wanted to be treated equally but were too scared to speak out because their family's welfare might be at risk if they did.... [tags: Battle Royal Essays]
780 words (2.2 pages)
- Battle Royal A Mockery on Conformity in ?Battle Royal. In contemporary America, the blacks have searched for companionship, success, and freedom, both physical and mental. Even after several years of [the] abolition of slavery, the blacks were not able to see [a white=whites] eye-to-eye. They were still [a puppet=puppets] for the white men?s show. During this era, several blacks tried to achieve success and bring themselves up to the level of whites by conforming to their direct or indirect, reasonable or unreasonable, and degrading or respectful commands.... [tags: Battle Royal Essays]
988 words (2.8 pages)
- In the 1940‘s racial segregation gripped southern American life. The notion of separating blacks from whites created immense tension. Separate water fountains, bathrooms, restaurants, etc. were variables that helped keep races apart. “Jim Crow” laws in the south were intended to prevent blacks from voting. These laws, combined with the segregated educational system, instilled the sense that blacks were “separate” but not equal (174). Many people of color weren‘t able to survive through this time period because of the actions of whites.... [tags: Battle Royal Essays]
1887 words (5.4 pages)
- The native Africans' heritage and way of life were forever altered by the white slave drivers who took them into captivity in the 18th century. Along with their freedom, slaves were also robbed of their culture and consequently their identities. They became property instead of people, leaving them at the hands of merciless slave owners. Their quest to reclaim their stolen identities was a long and difficult struggle, especially in the years following the Civil War and the subsequent release of their people from bondage.... [tags: Battle Royal Essays]
1162 words (3.3 pages)