ABSTRACT

The question principally addresses the use of the prerogative as a source of executive power within our constitution today and whether the immunity and privileges attached to the Monarch in person equally apply to those acting in the name of the Monarch. This question has a primary application to executive power, but has to be considered in relation to the concept of the rule of law, to which our constitution is said to adhere. It is interesting to note the use made by judges of the judicial review function to uphold this concept of the rule of law.