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

UK Constitutional Law - Essay ExampleThe special pre eminence which the king hath over and above all other persons and out of the ordinary program of the common law, in right of his legal dignity. It signifies, in its etymology (from Latin prae and rogo) something that is required or demanded before or in preference to all others.The residue of arbitrary or arbitrary authority which at any time is legally left in the hands of the Crown.Every Act which the executive government can de jure do without the authority of an Act of Parliament is done in virtue of this prerogative (Dicey,1885)Notably Diceys definition, unlike that of Blackstones admits that the prerogative creator is residual, inherent and particular to the Crown. In addition to this if we adopt Blackstones classification it is possible to decipher two kinds of these powers as in the Sphere of Domestic Affairs and secondly in the matter of international Affairs.The powers or prerogatives inherent for a Monarch in the ma tter of Domestic Affairs are, the summoning and dissolution of Parliament, the appointment of a Prime attend and all the other curates, the Royal Assent to bills, the granting of honours, defence of the realm ( bothers of national security),parens patriae over children, the power to stop criminal prosecutions, the power of mercy/pardoning of offenders, control of the complaisant service and of the royal fisheries. In the matter of foreign affairs these powers include treaty making provisions, Declarations of war and peace, state recognition, diplomatic relations and control of the arm forces engaged in combat outside the country.The background and the logic behind prerogatives can be explained in a rather historical context , , the gothic 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 exponent use for the public good. He could exe rcise the royal prerogative and impose his will in respect of decision-making. Moreover certain(prenominal) royal functions could be exercised only in certain ways. The common law courts were the Kings courts and only through them could the King decide questions of title 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 recognised 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 House of Commons. Practically however the fag/King will have no impact on the political orientation of such a sovereign.2Secondly, the Monarch has the power to dissolve the parliament and provide for re-elections in c ertain circumstances.3 The third prerogative relates to the