Prerogative power

There are always some powers that only executive of the state have access to use. In British
constitution there are also some reserve powers for executive. These powers are called prerogative
power. These powers are called prerogative powers because it was once exercised by queen and
king. But after the end of monarchy these powers were taken from king and queen and were handed
over to executive body. The best possible way to define prerogative power is powers which were
once exercised by crown now exercised by executive through Parliamentary legislation.

Lets discuss the importance of prerogative power and how it is an important part in British
constitution. These are some special powers but these powers are not supreme then over statued
(if conflicted). Because statute is more supreme then prerogative power so statute can modify or
end prerogative power but prerogative power can’t alter statute. There is also a thinking that
statute can broader the prerogative power but it is not the case. Act of Parliament can end these
powers but it broader it. Prerogative powers should really be used on the basis of fairness. Its not
the case to use prerogative power unfair .

Lest discuss the monarch constitution prerogative power . These powers includes granting of royal
accent . When act is passed by both of house then a royal accent is grant by monarch . Granting
accent to a bill means that act of Parliament is now become a law. Next constitutional prerogative
power of monarch is to appoint PRIMEMINTER and its ministers. Prime minister is appointed
through majority in house of common then after having majority in house of common. Monarch has
power go appoint it As a Prime minister. Next power is that monarch has power to propagation and
summoning of Parliament. Until fixed term act crown has powers to call the session and but after
this act statute has given them power to dissolve Parliament . De keyseis Royal prerogative power
were not end up expressly but a general rule was established that in these circumstances crown
may not rely on the prerogative power. In

Now discussing prerogative power and limitations of prerogative power of executive. In case of
Entick V Carrington case court decided that government or minister cant make a new prerogative
power. Whereas Prime minister has powers to declare war , it has power to make treaties and have
power to pardon criminals. These are some powers that were once exercised but crown but now is
exercised by executive body. The most important powers exercised by ministers
are the power to make war and deploy the armed forces; to conduct
foreign policy and make treaties; to make public and judicial
appointments; to issue passports; and to grant pardons and honours.

The court had the power to determine where the there should be existence of prerogative. In Milon
vs UK case minister taped a call and court question under which power did they taped the call.
Minister rely on prerogative power. The general rule is that court will not recognise the existence of
new prerogative power. Minister or PRIMEMINTER will not exercise prerogative power unfairly or if
done then it could be overturned by the courts Ministers are accountable for their use
of prerogative powers – the same is true for statutory powers (powers
conferred on ministers through Acts of Parliament).

Prerogative power has a very vital role in British constitution because of it executive body exercised
some special powers in case of emergency . The crown still has some powers to legislate under the
prerogative by order council . These powers are of great importance because government or
monarch can exercise them without legislation. These powers are mainly use in emergency case e.g.
declaration of war. So that’s why they have great constitutional importance in modern world..

Abdul Rahman khawaja