ABSTRACT
Essay questions, as opposed to problems, tend to be set in this area and will usually concentrate on the extent to which courts can control the exercise of prerogative power. Interest may, however, start to focus more on the prerogatives relating to the appointment of a prime minister and the power to dissolve Parliament, if it seems that proportional representation (much more likely to produce uncertain situations in this respect) is likely to be adopted. Nevertheless, although this area can be tricky, partly due to the difficulty of defining terms such as ‘the royal prerogative’, students will probably find it fairly straightforward to revise because they do not need to cover an enormous amount of material. The impact of the Human Rights Act 1998 should also be considered, although at the time of writing, there is little significant case law specifically on its effect on the prerogative. Recent parliamentary support for a significant increase in parliamentary controls over the prerogative, either by way of legislation, or by the creation of a new constitutional convention, should also be considered.
