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Prerogative Power - Coggle Diagram
Prerogative Power
The Royal Prerogative
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Contemporary prerogative powers were historically exercised exclusively by the monarch and are now by the executive
Courts have the power to decide wehter a PP exists, what its scope is, and whether it has been lawfully exercised
Powers include those relating to defence of the realm, diplomatic relations and treaty making
The Monarchs personal prerogatives such as the power to prorogue and dissolve parliament are exercised on the advice of the PM
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PP can be controlled by legislation, the courts or political pressure
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Post GCHQ
courts will apply varying degrees of intensity of review in cases where the claimant alleges unlawful exercise of PP
The higher the level of policy, the lower the intensity of the review
Courts may find that the exercise of a particular PP is justiceable - open to review, but that the government is best placed to make policy decisions. Judgment in Bancoult