Podcast
Questions and Answers
What limits the exercise of prerogative powers by the Executive?
What limits the exercise of prerogative powers by the Executive?
- The necessity of public support
- Judicial discretion
- International treaties
- The principle of parliamentary sovereignty (correct)
Under which Act are all public bodies required to act in a way compatible with the European Convention on Human Rights?
Under which Act are all public bodies required to act in a way compatible with the European Convention on Human Rights?
- Human Rights Act 1998 (correct)
- Public Interest Disclosure Act 1998
- Inquiries Act 2005
- Crown Proceedings Act 1949
Which case established that some prerogative powers are subject to judicial scrutiny?
Which case established that some prerogative powers are subject to judicial scrutiny?
- GCHQ (correct)
- BBC v Johns
- Miller/Cherry
- R v Home Secretary, ex parte Fire Brigades Union
Which type of ministerial responsibility ensures no conflict between public duties and private interests?
Which type of ministerial responsibility ensures no conflict between public duties and private interests?
What was the verdict in the case of ex parte Fire Brigades Union regarding prerogative powers?
What was the verdict in the case of ex parte Fire Brigades Union regarding prerogative powers?
Which inquiry was established to examine the UK's response to the Covid-19 pandemic?
Which inquiry was established to examine the UK's response to the Covid-19 pandemic?
In which case did the court rule that the government could not use prerogative power to defeat statutory power?
In which case did the court rule that the government could not use prerogative power to defeat statutory power?
Which inquiry was carried out in response to the death of Dr. Kelly?
Which inquiry was carried out in response to the death of Dr. Kelly?
What type of prerogative powers are considered non-reviewable by the courts?
What type of prerogative powers are considered non-reviewable by the courts?
Which case affirmed that the Crown and the Executive cannot create new prerogative powers at common law?
Which case affirmed that the Crown and the Executive cannot create new prerogative powers at common law?
Which of the following is NOT a function of the Crown?
Which of the following is NOT a function of the Crown?
What is one of the main prerogative powers of the Crown?
What is one of the main prerogative powers of the Crown?
Which statement accurately describes the Cabinet's responsibility?
Which statement accurately describes the Cabinet's responsibility?
What power does the Prime Minister NOT typically possess?
What power does the Prime Minister NOT typically possess?
Which of the following is an example of a prerogative power related to foreign affairs?
Which of the following is an example of a prerogative power related to foreign affairs?
What does the Prime Minister act as in relation to the Queen?
What does the Prime Minister act as in relation to the Queen?
Which function is a constitutional responsibility of the Crown?
Which function is a constitutional responsibility of the Crown?
Which statement is true regarding the powers of the Prime Minister?
Which statement is true regarding the powers of the Prime Minister?
Which function does the Prime Minister perform related to the civil service?
Which function does the Prime Minister perform related to the civil service?
What is an example of a prerogative power related to emergencies?
What is an example of a prerogative power related to emergencies?
Which of the following best describes the constitutional status of the Prime Minister's powers?
Which of the following best describes the constitutional status of the Prime Minister's powers?
Which function does the Crown NOT perform?
Which function does the Crown NOT perform?
What is the Cabinet's responsibility regarding decisions made?
What is the Cabinet's responsibility regarding decisions made?
Which of the following is a prerogative power specifically assigned to the Crown?
Which of the following is a prerogative power specifically assigned to the Crown?
In relation to foreign affairs, which of the following prerogative powers belongs to the Crown?
In relation to foreign affairs, which of the following prerogative powers belongs to the Crown?
What is the significance of the Crown Proceedings Act 1949 in relation to prerogative powers?
What is the significance of the Crown Proceedings Act 1949 in relation to prerogative powers?
In which case did the House of Lords assert that some prerogative powers are subject to judicial scrutiny?
In which case did the House of Lords assert that some prerogative powers are subject to judicial scrutiny?
Which of the following best describes collective ministerial responsibility?
Which of the following best describes collective ministerial responsibility?
What does Section 6 of the Human Rights Act 1998 require from public bodies?
What does Section 6 of the Human Rights Act 1998 require from public bodies?
What principle did the UK Supreme Court reinforce regarding the prorogation of Parliament in the Miller/Cherry case?
What principle did the UK Supreme Court reinforce regarding the prorogation of Parliament in the Miller/Cherry case?
Which inquiry was established to examine the UK’s actions during the Iraq conflict?
Which inquiry was established to examine the UK’s actions during the Iraq conflict?
What does individual ministerial responsibility entail according to the Ministerial Code?
What does individual ministerial responsibility entail according to the Ministerial Code?
What power exists in statute that could be considered reviewable by the courts?
What power exists in statute that could be considered reviewable by the courts?
Which statement is true regarding the role of the courts in reviewing prerogative powers?
Which statement is true regarding the role of the courts in reviewing prerogative powers?
What is the primary purpose of the Covid Inquiry established under the Inquiries Act 2005?
What is the primary purpose of the Covid Inquiry established under the Inquiries Act 2005?
Which of the following is a primary function of the Crown?
Which of the following is a primary function of the Crown?
Which of the following accurately describes the role of the Prime Minister?
Which of the following accurately describes the role of the Prime Minister?
What aspect of prerogative powers does the Queen NOT possess?
What aspect of prerogative powers does the Queen NOT possess?
In relation to emergencies, which prerogative power does the government possess?
In relation to emergencies, which prerogative power does the government possess?
Which statement is true about the Cabinet's responsibility?
Which statement is true about the Cabinet's responsibility?
What does the term 'prerogative powers' refer to?
What does the term 'prerogative powers' refer to?
Which of the following is NOT an example of a prerogative power?
Which of the following is NOT an example of a prerogative power?
Which prerogative power allows for the immediate pardoning of convicted offenders?
Which prerogative power allows for the immediate pardoning of convicted offenders?
What governs the ability of the courts to challenge the exercise of prerogative powers by the Executive?
What governs the ability of the courts to challenge the exercise of prerogative powers by the Executive?
In which case did the House of Lords establish that certain prerogative powers are accountable to judicial scrutiny?
In which case did the House of Lords establish that certain prerogative powers are accountable to judicial scrutiny?
Which of the following is a characteristic of the collective ministerial responsibility?
Which of the following is a characteristic of the collective ministerial responsibility?
What was a primary reason established by Miller/Cherry for the limitation of prorogation power?
What was a primary reason established by Miller/Cherry for the limitation of prorogation power?
What is one of the main purposes of the Inquiries Act 2005 in the context of public inquiries?
What is one of the main purposes of the Inquiries Act 2005 in the context of public inquiries?
Which of the following statements accurately reflects the concept of individual ministerial responsibility according to the Ministerial Code?
Which of the following statements accurately reflects the concept of individual ministerial responsibility according to the Ministerial Code?
What distinguishes absolute prerogative powers from non-absolute prerogative powers?
What distinguishes absolute prerogative powers from non-absolute prerogative powers?
What was a key takeaway from the Scott Report regarding arms to Iraq?
What was a key takeaway from the Scott Report regarding arms to Iraq?
How does the Human Rights Act 1998 affect the review of prerogative powers?
How does the Human Rights Act 1998 affect the review of prerogative powers?
Flashcards
The Crown
The Crown
The formal head of the British government, usually a monarch. They act as the symbolic figurehead and have limited political power.
Prerogative Powers
Prerogative Powers
Powers held by the Crown, not explicitly defined by law but passed down through tradition. They cover areas like war, treaties, and pardons, but not lawmaking.
Prime Minister
Prime Minister
The UK's highest elected official, leading the government and responsible for formulating and implementing policy.
Cabinet
Cabinet
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Appointing and Dismissing Ministers
Appointing and Dismissing Ministers
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Appointing the Prime Minister
Appointing the Prime Minister
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Dissolving Parliament
Dissolving Parliament
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Giving Royal Assent
Giving Royal Assent
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R v Home Secretary, ex parte Fire Brigades Union
R v Home Secretary, ex parte Fire Brigades Union
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Ministerial Responsibility
Ministerial Responsibility
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Collective Ministerial Responsibility
Collective Ministerial Responsibility
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Individual Ministerial Responsibility
Individual Ministerial Responsibility
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Public Inquiry
Public Inquiry
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GCHQ Case (1985)
GCHQ Case (1985)
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Prorogation of Parliament
Prorogation of Parliament
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Miller/Cherry v The Prime Minister (2019)
Miller/Cherry v The Prime Minister (2019)
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Prerogative and the Human Rights Act 1998
Prerogative and the Human Rights Act 1998
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What is the Crown?
What is the Crown?
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What are prerogative powers?
What are prerogative powers?
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Who is the Prime Minister and what are their roles?
Who is the Prime Minister and what are their roles?
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What is the Cabinet?
What is the Cabinet?
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What is the Prime Minister's power regarding government ministers?
What is the Prime Minister's power regarding government ministers?
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What is the Prime Minister's role in communication between the Queen and the government?
What is the Prime Minister's role in communication between the Queen and the government?
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What are the Prime Minister's powers related to the armed forces?
What are the Prime Minister's powers related to the armed forces?
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What is the role of the Prime Minister in mobilizing the armed forces?
What is the role of the Prime Minister in mobilizing the armed forces?
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Prorogation of Parliament (Miller/Cherry 2019)
Prorogation of Parliament (Miller/Cherry 2019)
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Executive Cannot Derogate from Statutory Duty (Fire Brigades Union)
Executive Cannot Derogate from Statutory Duty (Fire Brigades Union)
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GCHQ Case
GCHQ Case
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Prorogation of Parliament (Miller/Cherry)
Prorogation of Parliament (Miller/Cherry)
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Human Rights Act 1998
Human Rights Act 1998
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Public Inquiries
Public Inquiries
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Ministerial Code 2010
Ministerial Code 2010
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Absolute Prerogative Powers
Absolute Prerogative Powers
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What power does the Prime Minister have regarding government ministers?
What power does the Prime Minister have regarding government ministers?
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What is the Prime Minister's role in communication between the Crown and the government?
What is the Prime Minister's role in communication between the Crown and the government?
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What is the 2019 Prorogation of Parliament case about?
What is the 2019 Prorogation of Parliament case about?
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What is the Fire Brigades Union Case about?
What is the Fire Brigades Union Case about?
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Study Notes
The Crown - Functions
- The Crown is the constitutional monarch, head of state, head of the Commonwealth, head of the armed forces, and head of the Church of England.
- Key functions include giving royal assent to legislation, opening Parliament, dissolving Parliament, appointing the Prime Minister, and granting honors.
- The Crown cannot create new prerogative powers.
The Government Structure
- The government comprises the Crown, Prime Minister, Cabinet, Members of Parliament (MPs), and civil servants.
- The Prime Minister's office is based on convention, deriving power from prerogative powers.
Prime Minister's Functions
- Appoints and dismisses government ministers.
- Formally appoints senior judges.
- Controls the Cabinet.
- Serves as the Minister for the Civil Service.
- Heads internal security services.
- Acts as a communication link between the Queen and the government.
- Mobilizes the armed forces.
- Has special media access.
- No formal process for removal.
The Cabinet
- All Cabinet members are collectively responsible for decisions, as outlined in the Ministerial Code (2010 and 2015).
Prerogative Powers
- Prerogative powers are significant constitutional sources, affecting executive, legislative, and judicial functions.
- These powers relate to the legislature (e.g., Royal Assent), courts (e.g., pardon), foreign affairs (e.g., immigration restrictions), war and armed forces, immunities, and emergencies.
- Examples include declaring war and peace, deploying armed forces, entering treaties, recognizing foreign states, and acting in emergencies.
- Prerogative powers are residual and may be replaced by statute unless specifically preserved.
Prerogative Powers and the Courts
- Courts can question the use of prerogative powers.
- BBC v Johns established the Crown cannot create new prerogative powers.
- Laker Airways determined the court assesses the existence, not the exercise, of a prerogative power.
- GCHQ established some powers are subject to judicial scrutiny (accountability considerations).
- Absolute powers (e.g., armed forces, foreign affairs, emergency powers) are generally non-reviewable.
- Non-absolute powers (e.g., statutory powers, mercy) are reviewable.
- The Executive cannot exercise prerogative powers in a way that undermines statutory duties (Fire Brigades Union).
Prerogative Powers and Human Rights
- The Human Rights Act 1998 provides grounds for review of prerogative powers, particularly regarding compatibility with the European Convention on Human Rights.
- All public bodies (excluding Parliament) must act compatibly with the ECHR (Section 6 of the HRA).
Prorogation of Parliament
- Miller/Cherry case determined the power to prorogue Parliament is not unlimited and subject to judicial review, limited by parliamentary sovereignty.
Ministerial Responsibility
- Collective ministerial responsibility (Cabinet) and individual ministerial responsibility are constitutional conventions.
- Examples include resignations due to government actions (e.g., Iraq War).
- The doctrine allows for adaptability, such as coalition agreements.
Individual Ministerial Responsibility
- Ministers must avoid conflicts between public and private interests (Ministerial Code 2010). Failure to comply may lead to removal.
Public Inquiries
- Public inquiries (e.g., Scott Report, Hutton Inquiry, Chilcot Inquiry) investigate significant events.
- The Inquiries Act 2005 establishes procedures for inquiries, including the Covid-19 pandemic inquiry.
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