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Encyclopedia > Royal prerogative

The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. It is the means by which some of the executive powers of government are possessed by and vested in a monarch with regard to the process of governance of their state are carried out. It is not subject to parliamentary scrutiny but an individual prerogative can be abolished by legislative enactment. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... Look up monarch in Wiktionary, the free dictionary. ... Insert non-formatted text hereInsert non-formatted text here:This article is about the legislative institution. ...


Though some republican heads of state possess similar powers they are not coterminous, containing a number of fundamental differences. See reserve powers. In a broad definition a republic is a state or country that is led by people who do not base their political power on any principle beyond the control of the people of that state or country. ... A reserve power is a power that may be exercised by the head of state of a country in certain exceptional circumstances. ...


Though originally exercised at the will of the monarch, in modern constitutional monarchies most Royal Prerogative powers are exercised directly by the executive and some are nominally exercised by the monarch, acting on the advice of the prime minister and cabinet. There may be situations in which the monarch may choose to exercise his or her Royal Prerogative independently from the elected politicians. Such situations are extremely rare, and only occur in emergencies. In most liberal-democratic constitutional monarchies, such actions would precipitate a constitutional crisis. A constitutional monarchy is a form of monarchical government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state. ... Sir Robert Walpole, the first Prime Minister of the United Kingdom. ... A cabinet is a body of high-ranking members of government, typically representing the executive branch. ... A constitutional crisis is a severe breakdown in the smooth operation of government. ...


Not all constitutional monarchs have royal prerogative that can be exercised independently however. For example, the King of Sweden and the Emperor of Japan have specific government duties that cannot be exercised with any degree of individual discretion, no matter what the circumstance. An emperor is a (male) monarch, usually the sovereign ruler of an empire or another type of imperial realm. ...

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The Royal Prerogative in the United Kingdom

In the Kingdom of England (up to 1707), the Kingdom of Great Britain (1707–1800) and the United Kingdom (since 1801), the Royal Prerogative historically was one of the central features of the realm's governance. Today, most prerogative powers are directly exercised by ministers, such as the powers to "regulate the Civil Service, issue passports and grant honours, all without any need for approval from Parliament". Some prerogative powers are exercised nominally by the monarch, but on the advice of Prime Minister and Cabinet of the United Kingdom, who instruct the monarch as to when to use them. Some key areas of British system of government are still carried out by means of the Royal Prerogative, but its usage has been diminishing as functions are progressively made statutory. In Commonwealth Realms, the Royal Prerogative is very similar in nature to the prerogative in the United Kingdom, but is exercised by the Monarch's representative, the Governor General. The Flag of England The Kingdom of England was a kingdom located in Western Europe, in the southern part of the island of Great Britain. ... Events January 1 - John V is crowned King of Portugal April 25 - Allied army is defeated by Bourbonic army at Almansa (Spain) in the War of the Spanish Succession. ... Royal motto: Dieu et mon droit (French: God and my right)1 Capital London Head of State King of Great Britain Head of Government Prime Minister Parliament House of Commons, House of Lords This article is about the historical state called the Kingdom of Great Britain (1707-1800). ... 1800 (MDCCC) was an common year starting on Wednesday (see link for calendar). ... The Union Jack, flag of the newly formed United Kingdom of Great Britain and Ireland. ... A Realm is a primary synonym for a world usually other than our own. ... The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the head of government and so exercises many of the executive functions nominally vested in the Sovereign, who is head of state. ... In the Politics of the United Kingdom, the Cabinet is a formal body comprised of government officials chosen by the kp. ... A Commonwealth Realm is any one of the 16 sovereign states that recognize Queen Elizabeth II as their Queen and head of state. ... A Governor-General (in Canada, Governor General) is most generally a governor of high rank, or a principal governor ranking above ordinary governors . ...


Contrary to widespread belief, the Royal Prerogative is not unlimited. In the Case of Proclamations (1611) during the reign of King James I/VI, English common law courts judges emphatically asserted that they possessed the right to determine the limits of the Royal Prerogative. Since the Glorious Revolution (1688), which brought co-monarchs Queen Mary II and King William III to power, this judicial interpretation has not been challenged by the Crown. Events June 23 - Henry Hudsons crew maroons him, his son and 7 others in a boat November 1 - At Whitehall Palace in London, William Shakespeares romantic comedy The Tempest is presented for the first time. ... James VI of Scotland and James I of England and Ireland (Charles James) (June 19, 1566–March 27, 1625) was King of England, King of Scotland, and King of Ireland. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the British Isles Languages None official English de facto Capital None official London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001... The term Glorious Revolution refers to the generally popular overthrow of James II of England in 1688 by a conspiracy between some parliamentarians and the Dutch stadtholder William III of Orange-Nassau. ... // Events A high-powered conspiracy of notables, the Immortal Seven, invite William and Mary to depose James II of England. ... Mary II (30 April 1662–28 December 1694) reigned as Queen of England and Ireland from 13 February 1689 until her death, and as Queen of Scotland (as Mary II of Scotland) from 11 April 1689 until her death. ... William III of England (14 November 1650 – 8 March 1702; also known as William II of Scotland and William III of Orange) was a Dutch aristocrat and a Protestant Prince of Orange from his birth, King of England and King of Ireland from 13 February 1689, and King of Scots... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ...


No new prerogative powers can be created. BBC v Johns (1965). However, existing prerogatives such as the power of "Declaring War and Making Peace" can be modified to cover new situations, as seen in ex p Northumbria Police Authority (1989), which saw this prerogative evolved to include the ability to "keep the peace" and hence allow the Home Secretary to equip his forces with plastic baton rounds and CS gas. CS or 2-chlorobenzalmalononitrile (chemical formula: C10H5ClN2) is a substance that is used as a riot control agent and is usually claimed to be non-lethal by the forces who use it. ...


Among the powers theoretically possessed by the monarch in the United Kingdom under the Royal Prerogative are:

  • The appointment and dismissal of ministers;
  • The dissolution of parliament and the calling of elections;
  • Clemency and pardon;
  • The award of dignities and honours;
  • The declaration of war;
  • The declaration of an emergency;
  • The grant of Charters of Incorporation;
  • The collection of tolls;
  • The minting of coinage;
  • The issue and revocation of passports;
  • The expulsion of a foreign national from the United Kingdom;
  • The creation of new common law courts;
  • The creation of new universities;
  • The appointment of bishops and archbishops in the Church of England;
  • The printing of the authorised Church of England version of the Bible;
  • The publication of all statutes, legislative instruments and Orders-in-Council;
  • The exercise of jurisdiction over numerous Royal foundations of all kinds;
  • The appointment of Royal Commissions and Officers for any purposes.

The prerogative also traditionally included duties, not just rights. The foremost of these were the defence of the realm and the keeping of the Queen's peace. A pardon is the forgiveness of a crime and the penalty associated with it. ... The British honours system is a means of rewarding individuals personal bravery, achievement or service to the United Kingdom. ... A Royal Charter is a charter given by a monarch to legitimize an incorporated body, such as a city, company, university or such. ... The title page of European Union member state passports bears the name European Union, then the name of the issuing country, in the official languages of all EU countries. ... A university is an institution of higher education and of research, which grants academic degrees at all levels (bachelor, master, and doctor) in a variety of subjects. ... A bishop is an ordained member of the Christian clergy who, in certain Christian churches, holds a position of authority. ... The Church of England is the officially established Christian church in England, and acts as the mother and senior branch of the worldwide Anglican Communion, as well as a founding member of the Porvoo Communion. ... The second complete translation of the Bible into English, after the Douay-Rheims Bible. ... An Order-in-Council is an executive order issued in Commonwealth Realms operating under the Westminster system. ... In English law, the Queens peace (or Kings peace, when a male is on the throne) is the peaceful, violence-free state that the realm should endure in at all times. ...


In regard to the monarch's prerogative of the awarding of dignities and honours, in practice most British Orders of Chivalry are conferred on the advice of the Prime Minister. However, the monarch retains the exclusive right of conferring the Order of the Garter, the Order of the Thistle, the Order of Merit, the Royal Victorian Order and the Royal Victorian Chain, along with the grant of arms. The British honours system is a means of rewarding individuals personal bravery, achievement or service to the United Kingdom. ... The Garter is the most recognizable insignia of the Order of the Garter. ... James VII ordained the modern Order. ... For other Orders see Order of Merit (disambiguation). ... Victoria founded the Royal Victorian Order. ... The Royal Victorian Chain is a British award, instituted in 1902 by HM King Edward VII as a personal award of the British Monarch (i. ... Monacos coat of arms A coat of arms or armorial bearings (often just arms for short) is, in European tradition, a colorful design belonging to a particular person or group of people and used by him or her in a wide variety of ways. ...


The monarch is also immune from prosecution in the courts, though the scope of the immunity that once attached to the Crown has reduced. (The ostensible logic for this is that the Queen is present in all courts and acts as the prosecuting authority in most criminal cases, either directly or indirectly: she cannot therefore sue or prosecute herself or judge her own case. However this logic is flawed, because there appears no problem in judging her own cases as prosecutor, or as claimant in civil litigation). In particular, several Acts of Parliament have allowed agents of the Crown (i.e. government employees) to be sued in the courts. The Queen's daughter, the Princess Royal actually has a criminal record (for not keeping her dog under control). In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... Princess Anne visits the USNS Comfort on July 11, 2002 while the ship was docked in Southampton, England The Princess Anne, Princess Royal, (Anne Elizabeth Alice Louise Laurence, formerly Phillips, née Windsor, later Mountbatten-Windsor, (born August 15, 1950)), is a member of the British Royal Family and the...


Although many powers are included in the royal prerogative, some powers are notable for their absence. In particular, the British monarch does not have the power to deprive an individual of their life, liberty or property as these rights are said to derive from the Fundamental Laws of England. As a consequence, the monarch does not have the power to tax without the consent of Parliament and this has significantly limited the power of the monarchy. The unsuccessful efforts of Charles I of England to raise money to finance the royal administration through royal prerogative sources not subject to parliamentary approval (such the collection of ship money) was one of the major causes of the English Civil War. Blackstones history In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First - Chapter the First : Of the Absolute Rights of Individuals [1] as the absolute rights of every Englishman and traced their basis and evolution as follows: Magna... Insert non-formatted text hereInsert non-formatted text here:This article is about the legislative institution. ... Charles I (19 November 1600–30 January 1649) was King of England, Scotland, and Ireland from 27 March 1625 until his execution in 1649. ... Ship money was a tax, the levy of which by Charles I of England without the consent of Parliament was one of the causes of the English Civil War. ... The term English Civil War (or Wars) refers to the series of armed conflicts and political machinations which took place between Parliamentarians and Royalists from 1642 until 1651. ...


Many uses of the prerogative in foreign affairs are called Acts of State. Most powers exercised by the British government in international and foreign affairs come from the Royal Prerogative. These include:

  • The accreditation of diplomats;
  • The granting of Sovereign Immunity;
  • The negotiation of treaties.

Among the odder royal prerogatives are: Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ...


Prior to British involvement in the 2003 invasion of Iraq, Prime Minister Tony Blair, in a major break with precedent, sought parliamentary approval for British participation in the war. However Parliament's decision was in constitutional terms advisory as the actual decision would be taken by the exercise of the Royal Prerogative. Blair indicated that should parliament not approve, he would not formally advise Queen Elizabeth II to exercise the Royal Prerogative. Given that Blair had an overwhelming Labour majority in the British House of Commons and had the support of the opposition Conservative Party, there was little likelihood that parliament would vote down the motion recommending participation in the war. It remains to be seen whether a future government with a small majority or in a minority in the House of Commons will seek parliamentary approval prior to the exercise of the Royal Prerogative. Clare Short has proposed a Private Member's Bill which would remove the declaration of war from the royal prerogative. [2] Genera/Species Cygnus Bechstein 1803 Cygnus cygnus Cygnus buccinator Cygnus columbianus Cygnus bewickii Cygnus atratus Cygnus atratus sumnerensis Cygnus melancoryphus Cygnus olor Cygnus sumnerensis Coscoroba Reichenbach 1853 Coscoroba coscoroba Swans are large water birds of the family Anatidae, which also includes geese and ducks. ... Species See text Sturgeon (Acipenser) is a genus of fish, of which some twenty different species are known, from European, Asiatic and North American rivers. ... Genera See article below. ... Genera Neophocaena Phocoena - Harbor porpoises Phocoenoides - Dalls Porpoises The porpoises are small cetaceans of the family Phocoenidae; they are related to whales and dolphins. ... Whales are the largest species of exclusively aquatic mammals, members of the order Cetacea, which also includes dolphins and porpoises. ... This article covers invasion specifics. ... Anthony Charles Lynton Blair (born 6 May 1953) is the Prime Minister of the United Kingdom of Great Britain and Northern Ireland, First Lord of the Treasury and Minister for the Civil Service. ... Elizabeth II (Elizabeth Alexandra Mary Windsor), born on 21 April 1926, is Queen of sixteen independent nations known as the Commonwealth Realms. ... The Labour Party has since its formation in the early 20th century been the principal left wing political party of the United Kingdom (see British politics). ... The House of Commons is the lower house of the Parliament of the United Kingdom, and is now the dominant branch of Parliament. ... The Conservative Party is the largest political party on the right-of-centre in the United Kingdom and the most successful party in political history based on election victories. ... The Right Honourable Clare Short (born February 15, 1946) is a British Labour Party politician. ... A Private Members Bill is a proposed law introduced by a member of parliament, whether from the government or the opposition side, to that legislature or parliament. ...


Former left wing Labour MP Tony Benn campaigned for the abolition of the Royal Prerogative in the United Kingdom in the 1990s, arguing that all governmental powers in effect exercised on the advice of the Prime Minister and cabinet should be subject to parliamentary scrutiny and require parliamentary approval. His attempts were unsuccessful, with later governments arguing that such is the breadth of topics covered by the Royal Prerogative that requiring parliamentary approval in each instance where the prerogative is currently used would overwhelm parliamentary time and slow the enactment of legislation. A Member of Parliament, or MP, is a representative elected by the voters of an electoral district to a parliament; in the Westminster system, specifically to the lower house. ... Tony Benn about to join March 2005 anti-war demo in London The Right Honourable Anthony Neil Wedgwood Benn (born April 3, 1925), known as Tony Benn, formerly 2nd Viscount Stansgate, is a British politician on the left of the Labour Party. ... The 1990s decade refers to the years from 1990 to 1999, inclusive. ...


It is remarkable that whereas historically Parliament has been the bastion of the subject against oppression under the Royal prerogative, in modern times the residual Royal Prerogative may conversely provide some protection against an oppressive government (which practically controls Parliament). Thus it has been suggested that Royal Assent might properly be delayed or withheld where legislation is found, after passing both Houses of Parliament, to be illegal under international or European Law. The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ...


Recent uses of Royal Prerogative

The governments of the United Kingdom, and of Canada, have used Royal Prerogative to deny passports to citizens whom the Americans had held, and released, from the American prison in the US Naval base at Guantanamo Bay. Martin Mubanga, who has joint citizenship with the United Kingdom and Zambia is one of the British citizens denied a passport. Abdurahman Khadr was denied a passport by the Canadian government. Map of Cuba with location of Guantánamo Bay indicated. ... Martin Mubanga is a joint citizen of both United Kingdom and Zambia. ... Abdurahman Khadr (born 1983) is a United States at Guantanamo Bay after being detained in Afghanistan and alleged to have had connections to al_Qaida. ...


In the UK, biometric passports, which Andrew Burnham (MP) recently admitted were the first step towards British national identity cards, are being legislated under Royal Prerogative. It is expected that biometric passports will introduce a database similar to the National Identity Register, including unique NIR numbers for every British citizen. After many years of discussion through successive governments, in 2003 the then British Home Secretary David Blunkett announced that the government intends to introduce a British national identity card linked to a national identity database, the National Identity Register, which ID card detractors fear will track all residents of the... After many years of discussion through successive governments, in 2003 the then British Home Secretary David Blunkett announced that the government intends to introduce a British national identity card linked to a national identity database, the National Identity Register, which ID card detractors fear will track all residents of the...


Note

 [3]


See also

An Order-in-Council is an executive order issued in Commonwealth Realms operating under the Westminster system. ... The Queen-in-Parliament (or King-in-Parliament when there is a male monarch) is a British constitutional law term for the British Crown in its legislative role, acting with the advice and consent of the House of Commons and House of Lords. ... The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... Executive privilege is a claim asserted by the President of the United States and other members of the executive branch to justify withholding of documents and information from other branches of government. ...

Additional Reading


  Results from FactBites:
 
Royal Prerogative - Wikipedia, the free encyclopedia (1344 words)
The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone.
Former left wing Labour MP Tony Benn campaigned for the abolition of the Royal Prerogative in the United Kingdom in the 1990s, arguing that all governmental powers in effect exercised on the advice of the Prime Minister and cabinet should be subject to parliamentary scrutiny and require parliamentary approval.
Joseph Chitty, The Prerogatives of the Crown (monograph from 1820)
Royal family - Wikipedia, the free encyclopedia (614 words)
Finally, it is proper to refer to the extended relations of a deposed monarch and his or her descendants as a royal family.
A royal family typically includes the spouse of the reigning monarch, any or all surviving spouses of a deceased monarch, the children, grandchildren, brothers, sisters, and cousins of the reigning monarch, as well as their spouses.
The precise functions of a royal family vary depending on whether the polity in question is an absolute monarchy, a constitutional monarchy, or somewhere in between.
  More results at FactBites »

 
 

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