Monday, August 26, 2019

4What do you consider are the main problems with the royal prerogative Essay

4What do you consider are the main problems with the royal prerogative Explain the extent to which you would reform the royal prerogative and why - Essay Example ?, the name for the residue of discretionary power left at any moment in the hands of the crown, whether such power be in fact exercised by the King himself or by his ministers†. Wikipedia describes the Royal Prerogative â€Å"as 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† 2 . Practically speaking, Royal Prerogative is the usage accorded to the formal powers of the Crown within the executive process of the British politics. As part of the common law, the Queen represents the British constitutional monarchy that is apolitical, symbolic and impartial. The Queen exercises the Royal Prerogative on behalf of the elected ministers. As per the Royal Prerogative vested on the Monarchy, the Queen has the right to appoint and dismiss a prime minister.3 The Queen has the powers to appoint ministers, peers, senior C of E officials, head of BBC and senior civil servants. But, in reality, the Prime Minister exercises these powers. Only the Order of the Garter and the Order of Merit are at the personal disposal of the Queen indicating that vast powers in senior appointments rest with the Prime Minister. Under the Royal Prerogative, the Queen has the right to grant pardons and input some sentences but this has mostly remained a theoretical power with the Home Secretary retaining this power in practice. The Monarch has the power to declare war or treaties internationally but the Prime Minister has been exercising these powers on behalf of the Crown as we have seen in case of war on Iraq in 2003. Also, the Monarch is above the law and has immuni ty from law. In fact, it is commonly

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