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LAWS08123 Public Law of UK and Scotland Summary Notes Week 5 Lecture
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LAWS08123 Public Law of UK and Scotland Summary Notes Week 5 Lecture
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Week 5 Lecture 1 11.2.14Crown, Sovereignty and the Royal Prerogative
The crown can be sued in its own legal court, this was set out in the Crown Proceedings Act
1947.
The case of Province of Bornbay v Muncipal Co set out at the crown is bound by legislation
when it is explicitly stated, or it implicitly has to be.
Town investment ldt v Department of the Environment established that there are certain aspects
were the government has immunity. This case has been criticized.
The Monarch (Statutes)
The Act of Settlement 1700 clarifies the lines of succession and makes it automatic. It reflects the
political anxiety of the time.
With His Majesty’s Declaration of Abdication Act 1936 it was possible for the Monarch to
abdicate, something that was not provided for in the 1700 act.
The Regency Act 1937 and 1953 set out the rules or age and incapacity of being a Monarch.
The Royal Titles Act 1953 sets out that Parliament allows the Kings and Queens to decide on
their own name and title.
In the succession the male preference primogeniture is since the Succession to the Crown Act
2013, no longer in force.
A person within the line of succession can now marry a Roman Catholic but the King/Queen still
has to maintain Protestantism in law.
In the Perth Agreement that was signed on the 28th of October 2011 all the nations who have the
Queen as their head of state agreed on the same Queen and the same line of succession and the
mechanism for it.
The Royal Prerogative -An Introduction
They are powers which can be exercised without the consent of Parliament.
Prerogatives can be either personal or executive.
The personal ones are:
o Dissolution of Parliament
o Appointment of the PM
o Royal Assent
, o Certain Honors
The executive ones are:
o Foreign Affairs
o The Governance of territories
o Military actions
o Passports
o Mercy
o Emergency powers
Displacement of the power by state, see the case of AG v De Keyser’s Royal Hotel set out that a
statute replaces a prerogative.
In BBC v Johns it was set out that the powers can’t be broadened. But some aspects can be
identified at a later state. See North Umbria Police Authority
In CCSV v Minister for Civil Service it was established that the exercise of a royal prerogative
can be judicially reviews, because it is lacking democratic legitimacy.
Calls for change
The PASC report suggests more clarity, especially on the power to go to war. This was not
accepted by the government.
In the governance of Britain in 2007 there is a general commitment to statutory bases of the
prerogatives. There were some short term changes and a wider review.
In 2008 there was a draft bill and further research was done. This led to the constitutional Reform
and Governance Act 2010. Section 3 deals with the civil service and section 20 with the
Parliamentary ratification of the treaties.
There was also the Fixed Term Parliament Act 2011
Since the Iraq war in 2003 it is a constitutional convention to ask Parliament before going to war.
The general problem is that the more detailed a power is the easier it is to challenge.
Week 5 Lecture 2 13.2.14
The UK Executive
The executive is the government
In the UK there is no formal separation of powers
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