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Following the recent ascension of King Edward VIII, who has shown a keen interest in political affairs, several dramatic decisions were announced: the dismissal of the Prime Minister, declaration of war on a small island near the British coast, issuance of passports to citizens of a preferred country, alteration of the British flag, and restructuring of the armed forces. Concerned citizens seek advice on the legality of these actions.

What is the legal position?

The Royal Prerogative is constitutionally unlimited, so the monarch has the ultimate power and can do what they want

The monarch can do anything that relates to the management of the UK; so, they can change the armed forces, the flag, and the Prime Minister, but they cannot declare war and issue passports

The monarch has to obtain the permission of the Prime Minister to make these changes

The monarch can make all of the changes, with the exception of declaring war. However, there is a debate about the limitation of the monarch's powers and the extent to which they are subject to judicial review

The monarch can make all of the changes, with the exception of changing the flag. However, there is a debate about the limitation of the monarch's powers and the extent to which they are subject to judicial review

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The Royal Prerogative powers are relatively broad but have not been comprehensively codified. These powers include appointing and dismissing the Prime Minister, issuing passports, and commanding the armed forces. However, the power to change the national flag is not traditionally included in the Royal Prerogative. Additionally, the use of these powers is subject to constitutional conventions and potential judicial review, particularly if exercised in a manner contrary to established norms or public interest.

Key Point: The Royal Prerogative includes a range of executive powers vested in the monarchy, often exercised on the advice of ministers. The scope and limitations of these powers are guided by constitutional conventions, and their exercise can be subject to judicial review to prevent misuse or overreach.

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Constitutional & Administrative LawUnit 1Chapter 5: Constitutional Conventions and Prerogative Power

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