Royal Prerogative

The residual legal powers of the crown, exercised in practice by ministers

Overview

The royal prerogative comprises the historic powers of the crown, making war and treaties, dissolving parliament, granting honors, and issuing passports, now exercised by ministers without statute. Its use is reviewable by courts, famously confirmed in the 1985 GCHQ case, though courts are reluctant to substitute judgment on its exercise. The clash between prerogative power and parliamentary control defines episodes from the seventeenth century to modern deployment of forces. Statute steadily absorbs its territory, but the prerogative remains the legal base of much executive action.