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Executive Power: The Prerogative, Past, Present and Future

ISBN13: 9781509951444
To be Published: November 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

The concept of the prerogative is still a source of mystery to most observers; this book demystifies it. It clarifies the respective roles of government, Parliament and the courts, in defining the extent of prerogative powers, and regulating their use in specific cases, and looks at the powers which should be codified in statute and which should be regulated by convention, and which could be left at large. The book considers the role of Parliament; and if Parliament is to have a stronger role, what additional powers or resources it might need to exercise that role responsibly.

In their 2019 election manifesto, the Conservative party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative; …'

The prerogative has traditionally remained in the shadows, but the fevered parliamentary debates over Brexit thrust it centre stage. The controversies ranged from the role of parliament in assenting to treaties, to the prorogation and dissolution of parliament, to the grant or withholding of Royal Assent. This book provides a clear and full analysis of the function of the royal prerogative in the changing landscape of the British constitution.

Constitutional and Administrative Law
Part 1: Introduction
1. Introduction
2. Historical Background
3. Recent Developments
Part 2: The Personal Prerogatives of the Monarch
4. Appointing and Dismissing Ministers
5. Summoning, Dissolving and Proroguing Parliament
6. Royal Assent, and Executive Veto of Legislation
Part 3: Prerogative Powers Exercised by the Executive
7. The War Making Power
8. Making and Ratifying Treaties
9. Regulating the Civil Service
10. Public Appointments
11. Prerogative of Mercy
12. Issue of Passports
13. The Grant of Honours
14. Public Inquiries
Part 4: The Prerogative in Comparative Context
15. Reform of the Prerogative in Australia, Canada and New Zealand
16. Reserve Powers in Other Countries with Written Constitutions
Part 5: Reform of the Prerogative
17. The Role of the Courts
18. The Role of Parliament
19. Strengthening and Codifying Conventions
20. Conclusions