ABSTRACT
This chapter considers the ways in which the royal prerogative can be classified. We can classify examples of prerogative powers and immunities in various ways, political, personal, fiscal and so on. The relevance may lie rather in how we perceive the role of the prerogative, and how it is treated by the courts. In Council of Civil Service Unions v. Minister for the Civil Service (1985), it was held that the prerogative power was generally – though not universally – amenable to review, though the political powers were not. More recent cases have raised doubts about whether this political/non-political distinction is sustainable. It might be thought possible, as an alternative, to distinguish between those prerogatives exercised solely at the behest of ministers and those where the Sovereign – or Governor-General – retains an element of discretion. But again, this is problematic, as there are instances where the existence of a discretion is uncertain, and where it might vary from realm to realm. Ultimately, if we must classify prerogatives in any manner, it could be to return to Blackstone's functional definitions, of direct and incidental, as a merely descriptive classification, based on the inherent nature of each prerogative and its function.
