Prerogative refers to a special right, privilege, or power vested in a person, office, or entity, often by virtue of their position or authority. In a legal context, prerogative powers may be held by heads of state, government officials, or public bodies and are typically exercised without the need for parliamentary approval. These powers may include the authority to make decisions, issue orders or commands, grant pardons, declare war, or conduct foreign affairs. Prerogative powers are inherent to the executive branch of government and are often subject to constitutional limitations, judicial review, or parliamentary oversight to prevent abuse or arbitrary exercise. In some legal systems, the scope and exercise of prerogative powers are defined by statutes, common law, or constitutional provisions, ensuring accountability and adherence to the rule of law.
- A hereditary or official right or privilege.
- A right, or power that is exclusive to a monarch etc, especially such a power to make a decision or judgement.
- A right, generally
- A property, attribute or ability which gives one a superiority or advantage over others; an inherent advantage or privilege; a talent.
- Having a hereditary or official right or privilege.
Royal Prerogative is a source of law derives from common law powers. Dicey describes the royal prerogative as: – “Every act which the executive government can lawfully do without the authority of an Act of Parliament”
In general, the issues of royal prerogative power focus on the power held by the executives.
Hence, the discussion is usually about the roles of two other arms of government in performing check-and-balance on the prerogative powers.
- a) Balancing acts by judiciary
- b) Balancing acts by the legislature.
The two main categories of prerogative powers:
- a) Prerogative powers in relation to foreign affairs: This includes the power to declare war, to deploy the army, to make treaties.
- b) Prerogative powers in relation to domestic affairs: This includes the power to summon and dissolve Parliament, to defend the realm, and to grant pardon.
In constitutional terms, the prerogative is an important source because it is not subject to normal legislative procedures. However, the latest GCHQ case, showed that the court was willing to review the prerogative power especially when the case affected individual liberties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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