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Lords Library Briefing by Emily Haves. It was first published on Tuesday, 10 December 2019. It was last updated on Thursday, 19 December 2019.


Prerogative Powers of the Crown

  • Prerogative powers are executive powers that can be exercised by the monarch or his or her representatives without the need for legislation.
  • Prerogative powers derive from the historical power of the monarch, therefore new ones cannot be created. However, prerogative powers can be repealed by legislation.
  • Most prerogative powers are either exercised by ministers or by the sovereign on the basis of constitutionally-binding advice given by ministers.
  • Powers the monarch exercises not on the basis of constitutionally-binding advice are called reserve powers.
  • In practice, reserve powers are often governed by constitutional convention. For example, there are strong conventions governing the appointment of a prime minister.
  • Reserve powers can exist in some circumstances but not others. For example, the prorogation of Parliament is not usually a reserve power, but most constitutional experts agree that the monarch can refuse a prorogation if the government has lost or is about to lose the confidence of the House of Commons.
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https://researchbriefings.files.parliament.uk/documents/LLN-2019-0156/LLN-2019-0156.pdf

Secondary information

Type
Research briefing
Reference
LLN-2019-0156 
Category
Lords Library Briefings - Topical
Subjects
Powers Ministers Royal prerogative Prorogation
Published by
House of Lords Library
Link
View this Research briefing on researchbriefings.parliament.uk