Prerogative

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Royal Prerogative

Royal Prerogative is a source of law derives from common law powers. Dicey describes the royal prerogative as: - "Every act which the executive government can lawfully do without the authority of an Act of Parliament"

In general, the issues of royal prerogative power focus on the power held by the executives. Hence, the discussion is usually about the roles of two other arms of government in performing check-and-balance on the prerogative powers. a) Balancing acts by judiciary b) Balancing acts by the legislature.

The two main categories of prerogative powers: a) Prerogative powers in relation to foreign affair: This includes power to declare war, to deploy army, to make treaties. b) Prerogative powers in relation to domestic affair: This includes power to summon and dissolve Parliament, to defend the realm, and to grant pardon.

In constitutional terms the prerogative is an important source because it is not subject to normal legislative procedures. However, the latest GCHQ case, showed that the court was willing to review the prerogative power especially when the case affected to individual liberties.