ABSTRACT

In his Commentaries on the Laws of England, Blackstone wrote that the prerogative is ‘that special pre-eminence which the King has, over and above all other persons, and out of the ordinary course of the common law, in right of his royal dignity’. The term ‘prerogative’, then, refers to powers which are unique to the sovereign and which he or she has by common law as opposed to statute. Prerogative powers are sometimes referred to as the ‘royal prerogative’; this is technically correct, as in law these powers belong to the monarch. However, by convention, they are in practice exercised by the Prime Minister; in some cases by the Cabinet. However, certain prerogatives remain which are generally exercised by the monarch personally. These are sometimes known as the ‘personal prerogatives’ and will be examined below.