ABSTRACT

In accordance with the principle described by Blackstone, the prerogative has spread throughout much of the English-speaking world, and beyond. The prerogative was one of the major devices by which the British Empire evolved into the modern Commonwealth. This evolution illustrates at once the ubiquitous nature of the prerogative and its flexibility and adaptability. Even today the prerogative remains important. In those states which remain realms of the Queen, the application of the prerogative remains active. As we have seen from Black's case, however, this has not been without difficulties. But the essential nature of the prerogative as the executive power means that there is no inherent conflict – provided the question of the division of the Crown is handled appropriately. The prerogative is not uniquely difficult to manage. It is merely a particularly complex and ancient form of executive power, subject to arcane rules as well as modern regulation and controlled through the courts and the legislature.