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Royal Prerogative (Executive powers (Appointment of ministers, Mercy,…
Royal Prerogative
Executive powers
Appointment of ministers
Mercy
Honours list
Taxation
Treaties
Defence of the realm
Passports
Parliamentary sovereignty
Parliament can legislate on prerogative powers e.g.
Fixed Term Parliaments Act 2011
Ministers accountable to parliament for decisions taken under prerogative
Declare war: Tony Blair started new convention by asking parliament for Iraq 2003, followed by David Cameron in 2013 Syria, not followed by May in 2018 airstrikes on Syria.
AG v De Keyser's Hotel
: statute takes precedence over prerogative, prerogative in abeyance.
Ex parte Fire Brigades Union
: had to implement or repeal statute, couldn't ignore it
BBC v Johns
: no new prerogative powers allowed
Entick v Carrington
: couldn't search without warrant
GCHQ
: Prerogative is justiciable, but some exceptions (Roskill's list):
Mercy
ex parte Bentley
Foreign policy
ex parte Rees Mogg
ex parte Abbasi
Bancoult
Treaties
R (Miller) v SoS Brexit
Passports
ex parte Everett
Appointment of ministers
Dissolution of parliament
Dicey: "the residue of arbitrary authority."