Prerogative of the crown
1. What is the prerogative of the crown under the British constitutional system?2. In the British constitutional system, what powers does the crown possess as its prerogative?
3. Within the framework of the British constitutional system, what privileges are granted to the crown as part of its prerogative?
4. Could you explain the prerogative of the crown under the British constitutional system and the specific authorities it entails?
1) Introduction
The constitutional history of England begins with an absolute monarchy and the king was absolute sovereign. He was the source of all legal powers but with the passage of time the powers of the king were decreased. Today, there are still many prerogative powers available to ministers and the Monarch. Formally in the United Kingdom, executive power is vested in the Crown, however in modern times the most important prerogative powers are available only to the Prime Minister and other cabinet ministers. However the Monarch still has some personal prerogative powers in his hand, but these are now mostly carried out on the advice of the Prime Minister
2) Difference between king and crown
Following are the difference between the king and crown
1) The crown is an institution while the king is an individual who holds the institution
2) King can die but crown cannot die
3) The king is the part of crown but the crown is not part of king
4) The crown is a legal place of the state while the king is only its temporary occupant
3) Definition of crowns prerogative
A discretionary power vested in the executive branch of government which are exercised by king himself or his ministers, based on common law rather than statutory law
4) Origin of crowns prerogative
In the early days when king rules upon the people, the king used to manage the affairs of the people. This executive power was the first and historical source of the crown’s prerogative. The king had prerogative powers for the purposes of preserving the state from enemies, and preserving people from feudal (Jagirdari) powers. As history quite clearly shows, prerogative powers were traditionally exercised only by the Monarch
5) Prerogatives of the crown
The prerogatives of the crown may be classified as under:
1) Personal Prerogatives
2) Political prerogatives
1. Personal prerogatives
Following are the personal prerogatives of the crown
a. King can do no wrong
This proverb has two fold meanings
1) Even if the king’s actions are not lawful, there is no remedy for the king’s actions through the courts.
2) The King is literally above the law and has no power or capacity to do wrong
b. King never dies
● The word king is basically an attribute and there is no physical body while after the death of a king it is replaced by the succession and king alive again
2. Political prerogative
Political prerogatives may be divided into two following categories
A. Domestic Prerogatives
Following are the domestic prerogatives
I. Administrative prerogatives
Following are the administrative prerogatives of the crown
1) The creation of Press
2) The appointment and dismissal of Ministers and other government officials
3) Declaration of war
4) The crown is the chief commander of the Armed forces
II. Fountain of Justice
● The king is the fountain of justice and generally responsible for the peace in the United Kingdom. All criminal proceedings run in the king’s office
III. Power of Pardon
● The crown has power to pardon all offenses of the criminal even before the conviction or even after the convictions and no one can challenge this power
IV. Not subject of law
● It is the king in the parliament who makes all laws he makes law for people not for himself that’s why the king is not bound by the statute
V. Appointment of Bishops
● According to these prerogative powers, the king can appoint high religious officers e.g. appointment of ArchBishops
VI. Appointment of Peers
● The crown has one of the best prerogative power of appointment of peers for Parliament
VII. Appointment of Judges
● The crown has prerogative right of appointment of judges of the courts for administration of justice
VIII. Head of Church
● The crown is the head of the church in England
IX. Summoning of conventions
● According to these prerogative powers , a crown can send a legal document which is called summon for church conventions
X. Summoning of Parliament
● The king has power to send summons to parliament
XI. Dissolving of Parliament
● The crown has power to dissolve the parliament on the advice of prime minister
XII. Address to Parliament
● The crown has power to address the parliament in every new session
XIII. Power of Legislation
● The crown has power to make common laws for conquered and abandoned colonies
XIV. Assent of Bills
● The crown has the prerogative power of giving royal assent to bills passed by the both houses of parliament
B. Foreign Prerogatives
Following are the prerogatives of the crown in relation to foreign affairs
I. Representative of Nation
● The king is alone representative of the nation in internal dealing and international affairs of the country
II. Power to make treaties
● The crown has power to make treaties with other country like contract or other more
III. Declaration of War and Peace
● It is the king who has the power of declaration of war or peace with other countries
IV. Power of recognition
● The king has the power to recognize the status of the foreign country. He can do this by receiving the representative of other states
V. Appointment of ambassadors
● For foreign coordination, the king appoints ambassadors from his own country for performing duties in other country
6) Conclusion
● The prerogatives of the crown have approximately been abolished in this age. At present, the crown prerogative has been restricted as he cannot claim prerogative against parliament or against common laws but he can exercise his personal prerogatives as well. It is the cabinet that exercise the prerogatives powers in the name of the king