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vustudents
08-26-2011, 12:44 AM
What are different prerogatives available to Crown (2000) (1999)
1- Introduction:
The Constitutional history of England begins with an absolute monarchy. The King was absolute Sovereign. He was the source of all legal powers, but with passage of time the powers of king was decreased. The prerogative is the residue of discretionary or arbitrary authority which at any time is legally left in the hands of the crown.
2- Difference Between King And Crown:
Following are the differences between the King and Crown.
(i) The Crown is an institution whereas the King is an individual who holds the institution.
(ii) There can be a demise of the King but not of the crown.
(iii) The king is the part of crown but the crown is not part of King.
(iv) The Crown is a legal person Personifying the State whereas the King is merely is temporary human occupant.
3- Definition Of Crown’ s Prerogative:
Crown’ s Prerogatives means the powers exercised by the King in virtue of Common law or customs.
4- Origin Of Crown’ s Prerogative:
In the early days of tribal chieftaincy, the King used to manage the affairs of the people. This executive power was the first and historical source of the Crown’ s prerogative. Secondly the Norman Kings who combined in themselves the executive, legislative and judicial functions were in the position of feudal land owner and as such enjoyed certain rights.
5- Prerogatives Of The Crown:
The prerogatives of the crown may be classified as under.
I. Personal Prerogatives
II. Political Prerogatives
I. Personal Prerogatives:
Following are the personal prerogatives of the crown
(i) King can do Wrong:
The maxim has two-fold meanings:
(a) It means that by no proceeding Known to the can the King be made personally responsible for any act done by him
(b) In second place it means that on one can plead the orders of the crown in defence of only act, not otherwise justifiable by law.
(ii) King never Dies.
The king has the attribute of immorality. The demise is immediately followed by the Succession.
II. Political Prerogatives:
These may be further divided into following.
A. Domestic Prerogatives
B. Foreign Prerogatives
A. Domestic Prerogatives:
Following are the domestic Prerogatives.
(I) Administrative Prerogatives:
Following are the administrative prerogatives of the crown.
The creation of press
The creation of Corporations
The appointment and dismissal of Ministers and other Government Officials.
Declaration of war
The Crown is the Chief Commander of Armed Forces.
(ii)judicial Prerogatives:
(a) Fountain of Justice:
The King is the fountain and general conservator of the peace of the Kingdom. All criminal proceedings run in the King’ s name.
(b) Appointment of Judges:
The King has the right of erecting Courts of justice and judges are appointed in the King’ s name.
(c) Power of Pardon:
The King can with few exceptions pardon all offences against criminal law either before or after conviction.
(d) Not Subject to Law:
It is the King in Parliament who makes all laws. He makes the Acts of his subjects and not for himself. Therefore, the King is not bound by the statute unless it is made applicable to him expressly or by necessary implication.
(iii) Ecclesiastical Prerogatives:
(a) Power of Appointment:
By virtue of these prerogatives, the King appoints high ecclesiastical Officers e.g. appointment of Arch Bishop.
(b) Head of Church:
The crown is the head of the Church in England:
(c) Summoning of Conventions:
The Crown Summons Church Conventions.
(iv) Legislative Prerogatives:
(a) Power to Legislate:
The King has power at Common Law to legislate for conquered and ceded colonies.
(b) Summoning of Parliament:
The King has the power of Summoning the Parliament.
(c) Dissolving of Parliament:
The King also has the power of dissolving the Parliament of the advice of Prime Minister.
(d) Assent on Bills:
The Kings also has the prerogative of giving Royals assent to Bills passed by both Houses of Parliament.
(e) Address to Parliament:
The King also address to parliament in every new Session.
(f) Appointment of Peers:
The appointment of peers are made by the Crown.
B. Foreign Prerogatives:
Following are the Prerogatives of the Crown in relation to foreign affairs.
(ii) power to Make Treaties:
It is the prerogative of the King to make treaties.
(iii) Declaration of War and Peace:
It is the King who declares war and peace with other countries.
(iv)Power Of Recognition:
The King has the power to recognize the power status of a foreign country or of its government. He can do so by receiving the representatives of other states.
(v)Appointment of Ambassadors:
The King appoints the representatives or ambassador of his own country abroad.
6- Conclusion:
To Conclude, I can say, that the prerogatives is the name for the remaining portion of the Crown’ s original authority. It dose not include the powers exercised by him in virtue of a parliamentary Statute. At present the Crown’ s is much restricted as he cannot claim any prerogative opposed to Common Law or Act of parliament or liberties of the subject and except personal prerogatives, it is the cabinet that exercise the prerogatives powers in the name of the King.