Summary of Royal prerogative articles

Course: Constitution law (UK) I

Submitted to: Ms. Munazza Razzaq
Submitted by: Wajeeha
(Roll no: FJWU-LLB-19-023)
Semester: LLB-III
(Fall-2020)
Date of Submission: December 3, 2020

Department of Law
Fatima Jinnah Women University, Rawalpindi
The United Kingdom has come a long way when it comes to democracy. It still remains a
monarch but the dynamic of power has shifted over the centuries. Currently, the government is
more partial towards parliament supremacy which largely focuses on public interest. Thus,
sovereignty of people is a preference is modern day political dynamic of the Great Britain. The
power is divided between the cabinet and house of Commons however this level of democracy
has been achieved over time. The house of lords, the upper house does not hold an authority to
run checks on the house of Commons, it has lost much authority after the Great reform of 1832.
If any act is not passed by the house of Lords, king can very well appoint new Peers to overrule
such a decision and thus they have to yield.
The Royal prerogative refers to the authority, power and hold that the monarch has yet on the
system of government. Obviously, the system has shifted and though the monarch might have
privileges it also has limitations that have been prescribed in the best interest of parliamentary
supremacy and cabinet secrecy. Queen enjoys several powers such as her ability to take actions
without informing the parliament, dismissing officers, selling war ammunition and equipment.
She can pardon all offenders as well, this is a power that is beyond any others, this unchecked
democracy is the key characteristic of royal authority. The power of the British crown is still a
strong one whether the sovereignty of people is becoming a dominating trait. However, aspects
of the unwritten constitution such as Magna Carta, make it apparent how it wasn’t always like
this. King’s authority was Supreme, the unwritten character of the constitution coupled with the
need of democracy has continuously shifted this handover of power.
There are limitations to Royal’s power as this spread of democracy happens, the Queen is
subjected to prioritize the cabinet over her own personal actions and understandings. She is
obligated to secure the secrecy of the Cabinet and even in private matters such as writing letters
to her own children, she must consider the limitations and boundaries set for her to ensure the
democracy. She must keep her interference with the businesses of the ministers to a minimum. If
she doesn’t abide by these limitations, it would be considered treason and thus an offence of high
order. The public is allowed to criticize the monarch as well. The idea of abandoning the Royal
prerogative is under question, it cannot be abolished fully, taking the example of Ireland that
didn’t inherit the Royal prerogative in its constitution after 1922, the case of Bryne V. Ireland
made it clear that it was a republic now, the king no longer was in a sovereign position as the
constitution hadn’t inherited the Royal prerogative and lead to much constitutional confusion
later corrected but it must be avoided and prevented.