United Kingdom/Addendum

The Royal Prerogatives

The royal prerogatives operate in three distinct ways, as the sovereign’s constitutional prerogatives, as the legal prerogatives of the Crown, and as the legal prerogatives of the Crown.

The sovereign’s constitutional prerogatives

The personal discretionary powers of the Sovereign include the rights to advise, encourage and warn Ministers in private; to appoint the Prime Minister and other Ministers; to assent to legislation; and to prorogue Parliament. The Sovereign may, in a grave constitutional crisis, act without or against contrary to or without ministerial advice. In ordinary circumstances, however the Sovereign, accepts and gives way to Ministerial advice.

The legal prerogatives of the Crown

There is a range of traditional legal prerogatives which can be exercised by the Crown. They include the principle that the Crown can do no wrong, and that the Crown is not bound by statute "unless named". Many of them been amended by parliament and many are obsolete.

The prerogative executive powers

Prerogative powers that are used by Ministers as agents of the Crown include:.

• The making and ratification of treaties (subject to the provisions of Constitutional Reform and Governance Act 2010[1]);
• The conduct of diplomacy, and the appointment of ambassadors and High Commissioners.
• The declaration of war;
• The use of the armed forces in support of the police;
• The appointment and removal of Ministers by the Prime Minister;
• The granting of peerages, and honours;
• The granting of pardons and the Attorney-General’s power to stop prosecutions.

Those powers may be exercised without the prior assent of Parliament but Ministers may be accountable to parliament for their application