ABSTRACT

Introduction: what is the Royal Prerogative? Historically, the King had special powers to preserve the realm against external forces, amounting to an undefi ned residue of power that he could use for the public good. This was known as the Royal Prerogative , granting the Monarch exclusive powers in respect of his personal decision-making. This meant that certain Royal functions could only be exercised in certain ways. While the King could only exercise questions of the title to land or punish criminals through the common law courts (‘the King’s courts’ or the ‘King’s Bench’), the Monarch additionally possessed the residual power of administering justice through his Council where the courts of common law were regarded as insuffi cient. The Bill of Rights 1689 declared illegal certain specifi c uses and abuses of the Prerogative, followed by the concept of responsible Government and the establishment of a Constitutional Monarchy. Have a look at Dicey’s defi nition of the Royal Prerogative below.