β Scribed by Robert Hazell; Timothy Foot
No coin nor oath required. For personal study only.
The prerogative has long been a mystery to most observers; this book demystifies it.
It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large.
The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills.
In their 2019 election manifesto, the Conservative Party stated that βAfter Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative β¦β.
The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative β past, present, and future β together with suggestions for reform.
Preface
Contents
PART 1: INTRODUCTION
1. Why the Prerogative Matters
The Prerogative and Brexit
Campaigns to Reform the Prerogative
The Purpose of this Book
Prerogative Powers and Executive Autonomy
The Structure of this Book
2. History of the Prerogative
Introduction
Medieval Origins
The Seventeenth Century
The Modern State
The Modern Courts
What is the Prerogative?
Conclusion
3. Recent Political Developments
Introduction
Phase 1: PASC Sets the Agenda
Phase 2: The Brown Government - Big Plans, Lesser Delivery
Phase 3: The Cabinet Manual and the Fixed-term Parliaments Act 2011
Phase 4: The Brexit Battleground
Phase 5: The Executive Fights Back
Conclusion: Reforms Wax and Wane
PART 2: THE MONARCHβS PERSONAL PREROGATIVES
4. Appointing and Dismissing Ministers
The Personal Prerogatives of the Monarch
Appointment of the Prime Minister: Remnants of Discretion
Codification in the Cabinet Manual
Death or Incapacity of the Prime Minister
The Appointment and Dismissal of Other Ministers
The Dismissal of Ministers
Conclusion
5. Summoning, Dissolving and Proroguing Parliament
Introduction
Dissolution of Parliament
The Fixed-term Parliaments Act 2011
Prorogation
Recall of Parliament
Summoning Parliament
Conclusion
6. Royal Assent and Executive Veto of Legislation
Introduction
The Process and History of Royal Assent
Could the Queen Refuse Royal Assent?
Royal Consent to Bills Affecting the Prerogative and Personal Interests of the Crown
The Rule of Crown Initiative
Conclusion
PART 3: PREROGATIVE POWERS OF THE EXECUTIVE
7. The War-Making Power
Introduction
Parliamentary Scrutiny before 2003
The Birth of the Convention
The Brown Government and The Governance of Britain
The Cameron Government
The May Government
The Convention in 2022
The Future of the Convention: Some Observations
Conclusion
8. Treaties
Introduction
Foreign Policy in Parliament: An Historical Perspective
From Ponsonby to CRAG
Should Parliament Have an Enhanced Role?
Control by the Courts
Reform
Conclusion
9. Regulating the Civil Service
Introduction
The Spies Come in from the Cold
Regulation by Orders in Council
The Campaign for a Civil Service Act
Draft Legislation for a Civil Service Act
The Constitutional Reform and Governance Act 2010
Effect of CRAG: (1) The Civil Service Commission
Impact of CRAG: (2) Civil Service Reform
Impact of CRAG: (3) Continuing Concerns about Politicisation
Conclusion
10. Public Appointments
Introduction
House of Lords Appointments
The Commissioner for Public Appointments
Pre-Appointment Scrutiny Hearings for Senior Public Appointments
Judicial Appointments
Conclusion
11. The Prerogative of Mercy
Introduction
What is a Pardon and Who can Grant One?
How Have Pardons Been Used Historically?
What Uses of the RPM Survive to the Present Day?
How do the Courts Supervise the Use of the RPM?
The Future: Are Reforms to the RPM Necessary or Desirable?
Conclusion
12. Passports
Introduction
The Prerogative in Practice
A Prerogative Power?
Justiciability and Judicial Review
Reform
Conclusion
13. Honours
Introduction
Current Practice
Forfeiture
Justiciability
Reform
Conclusion
14. Public Inquiries
Introduction
Statutory Inquiries
Non-Statutory Inquiries
Parliamentary Commissions
Reform
Conclusion
PART 4: THE PREROGATIVE IN COMPARATIVE CONTEXT
15. Reform of the Prerogative in Australia, Canada and New Zealand
Introduction
Dissolution and Prorogation
The War-Making Power: The Balance between the Executive and Parliament
Treaty Scrutiny: The Balance between Parliament and the Executive
Judicial Appointments: Fettering Executive Discretion
Conclusion
16. Reserve Powers in Countries with Written Constitutions
Introduction
Dissolution
Executive Veto of Legislation
War-Making Power
The Ratification of Treaties
Conclusion
PART 5: REFORM OF THE PREROGATIVE
17. The Role of the Courts
Introduction
Existence and Scope
The First Limit: The Common Law
The Second Limit: Statute
Constitutional Principles: Miller 2
The Third Stage: Manner of Exercise
The Role of the Courts
Conclusion
18. The Role of Parliament
Introduction
The Dominance of the Executive (1689β2000)
A Sustained Campaign: PASC Paves the Way for Brownβs Reforms (2000β10)
Further Regulation of the Prerogative under the Coalition (2010β15)
The Pendulum Swings Back: Reassertion of Executive Dominance (2016-21)
War Powers
Treaties
Dissolution
Regulation of the Civil Service
Public Appointments
Honours
Passports
Conclusion
19. Conclusions
Prerogative, Past, Present and Future
The Prerogative is an Important Part of Executive Power
Traditionally, the Prerogative has been Regulated by Convention and not Law
The Prerogative is Gradually Becoming More Regulated: By the Courts, by Parliament, by Codification, and by Specialist Watchdogs
Tighter Regulation by the Courts
Tighter Regulation by Parliament
Tighter Regulation through Codification
Tighter Regulation by Specialist Watchdogs
There are Still Important Gaps, where the Prerogative Remains Unregulated, or Insufficiently Regulated
The Prerogative can Never be Fully Codified
Conclusion: The Endless Tug of War between Government, Parliament and the Courts
Bibliography
Index
π SIMILAR VOLUMES
The articles deal with diverse aspects of the changing, complex, and charged relationships of Germany with the Middle East, in general, and with certain of its states, in particular, since the 1830s until the end of the 20th century.
<p><span>This research and reference text assesses the viability of nuclear power within the context of renewable energy and the challenges of climate change. This thoroughly updated second edition contains extensive new content on the prospects of nuclear power and progress made in the 2020s. It is
<p><p></p><p></p><p>This book provides an overview of a diverse array of preventive strategies relating to mental illness, and identifies their achievements and shortcomings. The chapters in this collection illustrate how researchers, clinicians and policy makers drew inspiration from divergent fiel
As the world enters the third decade of the twenty-first century, far-reaching changes are likely to occur. China, Russia, India, and Brazil, and perhaps others, are likely to emerge as contenders for global leadership roles. War as a system-changing mechanism is unimaginable, given that it would es
This informative volume comes at an important time, as countries look seriously toward alternative forms of energy and the problems that will result if they do not. This book focuses on Earth energy resources, such as renewable power from water, ocean energy, solar energy, wind energy, and biofuels,