2.2 The royal prerogative and reserve powers
3 min read•august 16, 2024
The and reserve powers are crucial aspects of the UK's constitutional framework. These powers, rooted in historical monarchical authority, have evolved to shape the modern relationship between the Crown, government, and Parliament.
Today, most prerogative powers are exercised by ministers on the monarch's behalf. However, reserve powers remain with the monarch as a constitutional safeguard for exceptional circumstances, balancing tradition with contemporary democratic governance.
Royal Prerogative: Definition and Origins
Concept and Historical Evolution
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- Royal prerogative encompasses residual powers, rights, and immunities held by the monarch as head of state derived from common law rather than statute
- Originated from absolute rule of monarchs in medieval England ()
- Gradually evolved as parliamentary democracy developed ( 1215, English Civil War 1642-1651)
- marked significant limitation on royal prerogative powers establishing principle of parliamentary sovereignty
- Modern practice involves most prerogative powers exercised by government ministers on behalf of the monarch following constitutional conventions
Legal Foundations and Landmark Cases
- Extent and limits of royal prerogative powers shaped by case law
- Case of established monarch cannot create new prerogative powers
- determined statutory powers take precedence over prerogative powers
- affirmed prerogative powers subject to
- ruled parliamentary approval required to trigger Article 50 for Brexit
Royal Prerogative: Areas of Exercise
Foreign Affairs and National Security
- Foreign affairs and diplomacy powers include making and ratifying treaties ( on climate change)
- Declaring war and deploying armed forces ()
- Recognizing foreign states (Kosovo in 2008)
- Defense and national security encompass command of armed forces
- Deploying troops for peacekeeping missions ()
- Intelligence and security services oversight
Domestic Governance and Appointments
- Appointment and dismissal of ministers including
- (prior to )
- Granting honors and awards such as knighthoods (Sir David Attenborough) and peerages
- allowing pardoning or commutation of criminal sentences (Alan Turing posthumous pardon)
- Summoning and proroguing Parliament
- Giving to legislation
- Appointment of judges, bishops, and other high-ranking officials ()
Constitutional Significance of Reserve Powers
Emergency Powers and Constitutional Safeguards
- Reserve powers retained by monarch for use in exceptional circumstances (constitutional crises)
- Power to appoint Prime Minister in absence of clear electoral majority ()
- Ability to refuse royal assent to legislation (unused since ) remains theoretical constitutional safeguard
- Power to dismiss government that lost confidence of Parliament or acting unconstitutionally ()
- Reserve powers act as constitutional backstop providing flexibility in unforeseen political situations
Constitutional Balance and Constraints
- Existence of reserve powers contributes to system of checks and balances within UK's uncodified constitution
- Use of reserve powers highly constrained by constitutional conventions
- Expectation that monarch remains politically neutral limits active use of reserve powers
- Reserve powers serve as last resort mechanism in extreme political circumstances
- Contribute to overall stability of constitutional system by providing emergency options
Checks and Balances on Royal Prerogative
Parliamentary and Judicial Oversight
- Parliamentary scrutiny serves as primary check on executive's use of prerogative powers
- Select committees (Foreign Affairs Committee) and debates provide oversight
- Principle of ensures ministers accountable to Parliament for use of prerogative powers
- Judicial review increasingly used to challenge exercise of prerogative powers (Miller v Secretary of State for Exiting the European Union)
- Courts establish legal limits on scope of prerogative powers through case law
Constitutional Conventions and Public Scrutiny
- Constitutional conventions act as informal constraints on use of certain prerogative powers
- Seeking parliamentary approval for military action ()
- Fixed-term Parliaments Act 2011 (now repealed) temporarily removed prerogative power to dissolve Parliament
- Public opinion and media scrutiny provide additional informal checks on government's use of prerogative powers
- Monarch's own discretion and adherence to constitutional norms serve as final check on potential misuse of reserve powers
Key Terms to Review (32)
1708: The year 1708 is significant in the context of the royal prerogative and reserve powers in the UK, particularly due to the events surrounding the Act of Settlement 1701. This act established important constitutional principles regarding the succession of the English throne, reinforcing the monarch's authority and the role of Parliament in determining succession, which are core aspects of royal prerogative and reserve powers.
1974 hung parliament: The 1974 hung parliament occurred when no single political party gained an outright majority in the UK House of Commons following the general election held on February 28, 1974. This situation forced political leaders to navigate the complexities of coalition politics, where the traditional exercise of the royal prerogative and reserve powers became crucial in determining the government's stability and legitimacy.
1975 Australian constitutional crisis: The 1975 Australian constitutional crisis was a political standoff between the Governor-General of Australia, John Kerr, and the Australian Prime Minister, Gough Whitlam, resulting in the dismissal of Whitlam's government. This event highlighted the complexities of the royal prerogative and reserve powers exercised by the Governor-General, raising questions about the limits of executive power in a parliamentary democracy.
Attorney General v De Keyser's Royal Hotel Ltd (1920): Attorney General v De Keyser's Royal Hotel Ltd (1920) is a landmark case in UK constitutional law that addressed the limits of the royal prerogative, particularly concerning the use of property without compensation. The case arose when the British government requisitioned a hotel during World War I for military purposes without compensating the owner, raising important questions about the scope of the royal prerogative and the legal protections for private property.
Bill of Rights 1689: The Bill of Rights 1689 is a significant constitutional document in the UK that established key civil liberties and limited the powers of the monarchy following the Glorious Revolution. It reinforced the principle of parliamentary sovereignty and set the framework for modern democracy in Britain, establishing rights such as freedom from cruel and unusual punishment and the right to petition the monarch.
Ceremonial role: A ceremonial role refers to a position that primarily involves symbolic duties and functions rather than executive powers or decision-making authority. This role is often associated with heads of state, such as monarchs or presidents, who participate in public events, formal ceremonies, and national celebrations to represent the unity and continuity of the state.
Constitutional crisis: A constitutional crisis occurs when there is a serious disagreement or conflict regarding the interpretation or application of constitutional provisions, often leading to a breakdown of political order. Such crises can arise when key institutions, like the government or monarchy, are unable to resolve their differences through established legal and political frameworks, creating uncertainty about governance and authority.
Constitutional Monarchy: A constitutional monarchy is a form of government in which a monarch acts as the head of state within the parameters of a constitution, which can be written or unwritten. This system balances the ceremonial and traditional role of the monarchy with democratic principles, ensuring that the monarch's powers are limited by laws and a parliamentary framework.
Council of Civil Service Unions v Minister for the Civil Service (1985): This case is a landmark legal decision in which the House of Lords ruled on the limits of the royal prerogative, particularly regarding the government's ability to dismiss civil servants without following fair procedures. The ruling emphasized that while the royal prerogative grants certain powers to the executive, these powers must still adhere to principles of fairness and justice, especially when they impact individuals' rights and employment.
Dissolution of parliament: The dissolution of parliament is the formal process by which a sitting parliament is terminated, leading to a general election. This process is a critical aspect of the political system, as it signals the end of the current legislative session and allows for the formation of a new parliament, reflecting changes in public opinion or political dynamics.
Executive authority: Executive authority refers to the power and responsibilities vested in the executive branch of government, primarily exercised by the Prime Minister and the Cabinet. This authority includes implementing laws, formulating government policy, and managing the day-to-day operations of the state. It connects to various aspects such as the royal prerogative, which grants certain powers to the monarchy, and the balance between security and liberty, where executive authority can impact civil rights during times of national security concerns.
Fixed-Term Parliaments Act 2011: The Fixed-Term Parliaments Act 2011 is a UK law that established a system of regular five-year intervals between general elections, thereby removing the power of the Prime Minister to call early elections at will. This act aimed to provide greater stability in government and reduce the potential for political manipulation related to election timing.
Granting honours: Granting honours refers to the royal prerogative exercised by the monarchy in the United Kingdom to confer titles, awards, and recognitions to individuals for their achievements or services to society. This practice symbolizes the acknowledgment and appreciation of contributions made by citizens across various fields, such as public service, arts, sciences, and community work. It represents a significant aspect of the ceremonial role of the monarchy and reflects the values upheld by society.
Iraq War 2003: The Iraq War 2003 was a military conflict that began on March 20, 2003, when a coalition led by the United States invaded Iraq, resulting in the overthrow of Saddam Hussein's regime. This war raised significant questions regarding the use of the royal prerogative by the UK government, particularly concerning the decision to engage in military action without explicit parliamentary approval.
Judicial Review: Judicial review is the power of courts to assess whether a law, policy, or action by the government is constitutional and to invalidate those that are not. This mechanism plays a crucial role in maintaining the balance of power between branches of government and protecting individual rights within the legal framework.
King Charles III: King Charles III is the current monarch of the United Kingdom, having ascended to the throne on September 8, 2022, following the death of his mother, Queen Elizabeth II. As king, he embodies the royal prerogative, which includes various powers and responsibilities that are traditionally exercised by the monarch in the UK government. This role entails both ceremonial duties and constitutional responsibilities that influence the functioning of the government and its relationship with Parliament.
Kosovo 2008: Kosovo 2008 refers to the declaration of independence made by Kosovo from Serbia on February 17, 2008, marking a significant moment in the region's political landscape. This event has raised discussions about sovereignty, national identity, and international law, especially concerning the use of royal prerogative and reserve powers in the context of foreign policy and international recognition.
Magna Carta: The Magna Carta, signed in 1215, is a foundational legal document that established the principle that everyone, including the king, is subject to the law. Its significance extends beyond its historical context, influencing various aspects of governance, including the royal prerogative, the rule of law, and the balance of power between the state and individual liberties.
Miller v Secretary of State for Exiting the European Union (2017): Miller v Secretary of State for Exiting the European Union (2017) was a landmark UK Supreme Court case that determined whether the government could trigger Article 50 of the Treaty on European Union without parliamentary approval. This case highlighted the balance between royal prerogative powers exercised by the executive and the need for parliamentary sovereignty, establishing that key constitutional changes require legislative consent.
Ministerial responsibility: Ministerial responsibility is a constitutional convention in the UK that holds government ministers accountable for their actions and decisions, particularly in relation to their departments. This principle ensures that ministers must resign if they are found to have acted improperly or if their department fails in its duties. It links closely to the roles of the Crown and the government, the exercise of royal prerogative powers, and the UK's influence on other nations' governance structures.
Paris Agreement: The Paris Agreement is an international treaty aimed at addressing climate change and its impacts, adopted in 2015 during the COP21 conference in Paris. It sets out commitments from countries to reduce greenhouse gas emissions and limit global warming to well below 2 degrees Celsius above pre-industrial levels, while pursuing efforts to limit the temperature increase to 1.5 degrees Celsius. The agreement relies on each country’s national commitments and includes a framework for accountability and transparency.
Political accountability: Political accountability refers to the responsibility of government officials and institutions to act in the best interests of the public and to be answerable for their actions. It involves mechanisms through which citizens can hold their leaders responsible, ensuring transparency, integrity, and responsiveness in governance. This concept is crucial for maintaining trust in democratic systems and is especially relevant when discussing the royal prerogative and reserve powers, as these areas often highlight the balance between authority and accountability.
Prerogative of Mercy: The prerogative of mercy is a power held by the sovereign, allowing them to grant pardons or reduce sentences for those convicted of crimes. This authority reflects the royal prerogative, which encompasses various powers that the monarch can exercise without needing the approval of Parliament. The prerogative of mercy serves as a mechanism for justice, enabling corrections for potential miscarriages or excessively harsh penalties within the judicial system.
Prime Minister: The Prime Minister is the head of government in the UK, responsible for overseeing the operation of the government and the execution of its policies. This role involves leading the Cabinet, making key decisions on legislation, and representing the UK both domestically and internationally. The Prime Minister is central to the legislative process, guiding bills through Parliament and ensuring their passage into law.
Proclamations (1611): Proclamations from 1611 refer to a series of formal announcements made by King James I of England, outlining the royal prerogative in governance. These proclamations played a crucial role in defining the limits and scope of the royal prerogative, demonstrating the king's authority over legislation, public policy, and administration without the need for parliamentary approval. This era highlights the tension between the monarchy and Parliament regarding the distribution of power in governance.
Royal Assent: Royal assent is the formal approval by the monarch that allows a bill passed by Parliament to become law. This process symbolizes the constitutional relationship between the Crown and Parliament, as it represents the final step in the legislative process after a bill has gone through several readings and debates. While royal assent has not been refused since the early 18th century, it plays a vital role in maintaining the constitutional conventions that govern the powers of the monarch and the operation of the government.
Royal prerogative: The royal prerogative refers to the powers and privileges historically held by the monarch, which can now be exercised by government ministers, particularly the Prime Minister. This includes a range of significant functions, such as issuing or revoking passports, granting honors, and conducting foreign affairs. While the monarchy is largely ceremonial today, the royal prerogative still plays a crucial role in the UK's political framework and governance.
Supreme Court Justices: Supreme Court justices are the judges who preside over the highest court in the UK, responsible for making decisions on legal cases that often involve important constitutional issues. These justices have significant authority as they interpret laws and can influence government actions, particularly concerning the royal prerogative and reserve powers exercised by the Crown or government officials.
Syria Airstrikes Vote 2013: The Syria Airstrikes Vote 2013 refers to a significant parliamentary vote in the UK regarding military intervention in Syria, which took place on August 29, 2013. The vote was pivotal as it highlighted the extent of the royal prerogative in decisions of military action and raised questions about the balance of power between the government and Parliament in matters of foreign policy.
UN Operations in Cyprus: UN Operations in Cyprus refer to the peacekeeping mission established by the United Nations to maintain stability on the island following the intercommunal conflict between Greek and Turkish Cypriots in 1964. This operation highlights the exercise of royal prerogative and reserve powers, as it involves decisions made by the British government regarding military deployment and international diplomacy without the need for parliamentary approval.
William the Conqueror: William the Conqueror was the first Norman King of England, reigning from 1066 until his death in 1087. His conquest of England began with the famous Battle of Hastings, which significantly altered the English political landscape and established a new ruling elite that transformed governance and royal authority, including the concepts of royal prerogative and reserve powers.
Winston Churchill: Winston Churchill was a British statesman, military leader, and author who served as Prime Minister of the United Kingdom during crucial periods, particularly during World War II. His leadership style and rhetoric galvanized the nation against the threat of Nazi Germany, and his role in the formation of political parties and cabinet decisions shaped the modern British political landscape.