ABSTRACT
The constitutional questions requiring answer include those relating to the relationship between statute and prerogative and the control, judicial or political, of the prerogative. The most significant question which continues to intrigue and concern constitutional theorists today relates to the very existence and scope of the powers themselves, together with the constitutional implications of this ill defined reservoir of power. As Maitland observed, and as remains true in the twenty-first century, examination of the prerogative is:
Under the United Kingdom’s constitutional monarchy, the Queen is part of the legislature: Parliament comprises the Crown, Lords and Commons. The Queen is the ‘fountain of justice’ – and while the Queen has no power to make laws or suspend laws or to act in a judicial capacity,21 the entire administration of justice is conducted in the name of the Crown.22 The Queen is Supreme Head of the Church of England.23 The Queen is Head of State in relation to foreign affairs. The Queen is head of the executive, and all acts of government, whether domestic or foreign, are conducted in the name of the Crown. The right to summon and dissolve Parliament remains a legal power vested in the Crown. The Queen is the Fountain of Honour, and all honours in the United Kingdom are conferred by the Crown.
