The prerogative has long been a mystery to most observers; this book demystifies it.
It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large.
The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills.
In their 2019 election manifesto, the Conservative Party stated that ‘After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative…’.
The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.
PART 1 INTRODUCTION 1. Why the Prerogative Matters 2. History of the Prerogative 3. Recent Political Developments PART 2 THE MONARCH’S PERSONAL PREROGATIVES 4. Appointing and Dismissing Ministers 5. Summoning, Dissolving and Proroguing Parliament 6. Royal Assent and Executive Veto of Legislation PART 3 PREROGATIVE POWERS OF THE EXECUTIVE 7. The War-Making Power 8. Treaties 9. Regulating the Civil Service 10. Public Appointments 11. The Prerogative of Mercy 12. Passports 13. Honours 14. Public Inquiries PART 4 THE PREROGATIVE IN COMPARATIVE CONTEXT 15. Reform of the Prerogative in Australia, Canada and New Zealand 16. Reserve Powers in Countries with Written Constitutions PART 5 REFORM OF THE PREROGATIVE 17. The Role of the Courts 18. The Role of Parliament 19. Conclusions
Robert Hazell is Professor of Government and the Constitution, in the Constitution Unit, Department of Political Science, UCL, UK. Timothy Foot is a Commercial Chancery barrister at Maitland Chambers, UK.
