Wednesday, May 1, 2019

UK Constitutional Law Essay Example | Topics and Well Written Essays - 2500 words

UK built-in Law - Essay ExampleThe special pre eminence which the king hath over and above all separate somebodys and out of the ordinary course of the common law, in right of his legal dignity. It signifies, in its etymology (from Latin prae and rogo) something that is need or demanded before or in preference to all otherwises.The residue of discretionary or compulsory authority which at any time is legally left in the hands of the Crown.Every Act which the decision maker government can lawfully do without the authority of an Act of Parliament is done in impartiality of this prerogative (Dicey,1885)Notably Diceys definition, unlike that of Blackstones admits that the prerogative military force is residual, inherent and particular to the Crown. In addition to this if we marry Blackstones classification it is possible to decipher two kinds of these powers as in the Sphere of Domestic Affairs and second in the government issue of Foreign Affairs.The powers or prerogatives inh erent for a Monarch in the matter of Domestic Affairs are, the summoning and dissolution of Parliament, the appointment of a Prime Minister and all the other Ministers, the Royal Assent to bills, the granting of honours, defence of the realm (issues of national security),parens patriae over children, the power to stop criminal prosecutions, the power of mercy/pardoning of offenders, control of the civil service and of the royal fisheries. In the matter of foreign affairs these powers entangle treaty making provisions, Declarations of war and peace, state recognition, diplomatic relations and control of the armed forces engaged in combat outside the country.The background and the logic behind prerogatives can be explained in a kind of historical context , , the medieval monarchy was both feudal lord and head of the kingdom. As such, the King had powers accounted for by the need to preserve the realm against external foes and an undefined residue of power which he might use for the habitual good. He could exercise the royal prerogative and impose his leave behind in respect of decision-making. Moreover veritable royal functions could be exercised only in certain ways. The common law courts were the Kings courts and only through and through them could the King decide questions of ennoble to land and punish felonies. Yet the King possessed a residual power of administering justice through his Council where the courts of common law were insufficient.1As far as the sovereigns personal prerogatives are concerned this will be the main issue of scrutiny within this paper. The Crowns personal prerogative powers are mainly recognize under the common law as the power to appoint the Prime Minister that is a person who will be in the best position to receive the support of the majority in the family unit of Commons. Practically however the Queen/King will have no impact on the political orientation of such a sovereign.2Secondly, the Monarch has the power to dissolve the parliament and allow for re-elections in certain circumstances.3 The third prerogative relates to the

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