The Concept of Prerogative Powers within the British Constitutional Framework

Abstract

The aim of this article is to provide a brief overview of how the prerogative powers operate within the British legal systems. The first part of the article focuses on the legal concept of the Crown, how it evolved and how it is modified by the case law of modern judiciary. In the second part, an attempt to define and categorise the prerogative powers is made addressing also the question, whether new prerogative powers can be created. The third part focuses on the accountability of the executive bodies to the Parliament and to the courts of law for using the prerogative powers. An effort is made to outline some of the arguments which provide justification of the current system on one hand and certain arguments which make the prerogative powers subject to critique on the other.