Lecture notes
Lecture notes Law (LLB)
- Module
- (LLB)
- Institution
- University Of Winchester (UoW)
everything you will need in detail for the royal prerogative module in publice law
[Show more]
Seller
Follow
Content preview
Royal prerogativeActs of parliament are supreme over the crown
“Executive power is the power of governments. It is the legal authority vested in, and exercised by, for
example, prime ministers, presidents, cabinets, and councils. It is the political power that all those who
embark on a career in politics dream of wielding. It is the power to set policy, take action, and to
implement the law. In the great theory of the separation of powers that has hovered over western
constitutional thinking since the mid eighteenth century, the preserve of the executive is to do. While the
role of the legislature is to speak and that of the judiciary is to judge, governments act.
Craig & Tomkins, ‘Introduction’ The Executive & Public Law (2006
The privy council
- Membership for life
- By convention all cabinet ministers are members of the privy council
- Meets in secret
- Main business is to pass orders in council in council either – a form of primary legislation (similar
to acts of parliament), or a form of delegated legislation (passed under an act of parliament)
- Once of great importance, now superseded by cabinet.
Three sources of the governments power
Statute law: acts of parliament or delegated legislation
Prerogative powers- specific legal powers which are recognised by the courts as part of the common law.
“Third source” powers- derive from the ideal that there is no law preventing the government from acting
in a certain manner.
What is the royal prerogative?
‘That special pre-eminence which the King hath, over and above all other persons, and out of the
ordinary course of the common law, in right of his Royal dignity … it can only be applied to those rights
and capacities which the King enjoys alone, in contradistinction to others’.
The crown
- The monarch used to exercise these powers; but monarchs exercised these powers after seeking
the advice of the “council” -the privy council…
- As monarch played less of a role the powers were exercised by ministers, who were later led by
the prime minister
By convention: within the legal concept of the crown
- Government departments emerged, and grew ever larger in size
- Ministers now exercise powers which are either (largely) either prerogative or statute
Residue of power
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller berfinkizilboga. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73216 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now