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The British Crown & Prerogatives
The British Crown
In early days all powers of the government were centered in the man who wore the Crown-the state cap of royalty. Down to 1688, the king was an efficient factor in the constitution. He ruled as well as reigned. Thenceforth it became otherwise. The King still reigns but he has gradually ceased to rule. And the fact that of the Constitution today is that the King has nothing to do with the affairs of the government.
Functions of the Monarchy
Personal authority of the King:
In the actual conduct of the work of the government the Monarch personally performs certain specific acts and the most important of these is that the King must make certain that he has a government in the United Kingdom."
The King as adviser
The Monarch's role as a critic, adviser and friend of the Ministers is very much important. According to Bagehot, the Sovereign has "three rights- the right to be consulted, the right to encourage, the right warn". Under the British Constitutional system the Sovereign has a right to be made acquainted with everything for which his Ministers are responsible, and has an unlimited right of giving counsel to his government.
The King as mediator
The King very often acts as a mediator and uses his prestige to settle political conflict or diminish the virulence of the opposition. As he wields no political power and makes no political enemies his advice is deemed valuable and is generally accepted.
A symbol of unity
The King of Britain is at once King of Canada, Australia and New Zealand. The King is still a symbol of the free association of the members of the British Commonwealth of Nations.
The King as the Chief of the Nation
The king is not the leader of a party nor the representative of a class; he is the Chief of the nation. He is everybody's King. He is really everybody's king and that is precisely of all British people. The accession of the King, his coronation, his jubilee, are the unparalleled demonstration of popular and patriotic devotion.
King as a Social figure
The King is not merely a part of political machine; he is also an important part of the social structure and wields a great social influence. He is the leader of the society by general precedence. The presence of the King adds personal touch to the individuals feeling a personal responsibility to the collective action.
The King and Parliamentary system
The Cabinet system of government has nowhere proved workable plan without the presence of some titular Head of the State. From the political point of view a person who is free of party ties and stands above party considerations is the most desirable associate of Parliamentary system of government.
Crown's Prerogatives
Crown's prerogatives mean the powers exercised by the King by virtue of common law or custom. It sometimes used to cover all the powers of the Sovereign, or at least those which the Sovereign does not share with the subject. Crown's prerogatives are created for the benefit of people and cannot be exercised to their prejudice.
The Prerogative in Domestic Affairs
These consist largely of powers, and in theory of some duties.
Executive prerogative:
The prerogatives that may be classed as executive, administrative or governmental are the residue of the powers which the King had when he really governed the country. At present they have to be read subject to the principle of ministerial responsibility. The government does not have to consult, or even to inform, Parliament before exercising prerogatives powers. The following is the classification of the prerogatives relating to executive government:
(1) Appointment and dismissal:
Appointment and dismissal of Ministers, other government officials; officials and man of forces, judicial officers and civil servants are made by the Crown.
(II) Control of the services:
The King is the head of the Royal Navy, the Army and the Royal Air force. The supreme command and government of all forces by sea land and air, and all forts and places of strength, is vested in the Crown by both common law and statute." The movement and disposition of forces lawfully raised is entirely under the control of the Crown.
(III) Administration of dependencies:
It is still the function of the Crown to provide for the government of British colonies and other dependencies; and also to make laws for colonies acquired by conquest or cession until parliament takes over or the colony is granted representative institutions.
(IV) Revenue:
The ordinary revenues consisted of customary hereditary revenues such as feudal dues, income from Crown lands and other sources of income that are now exchanged for the Civil List.
(V) Ecclesiastical prerogatives:
The King nominates bishops of the Church of England on the advice of the Prime Minister. The Church has not been given the decisive voice in appointing its bishops, mainly because its senior bishops sit in the House of Lords.
(VI) The fountain of honour:
The King is the 'fountain of honour'. The creation of peers is done on the advice of the Prime Minister. Most honours in the United Kingdom are conferred on the advice of the Prime Minister.
(VII) Emergency and defence:
The Crown may use such force as is reasonably necessary to put down riot or insurrection."The Crown is responsible for the defence of the realm by sea and land, and is the only judge of the existence of danger to the realm from external enemies although it is not the sole judge of the means by which such danger is to be averted.
B. Judicial prerogatives:
The administration of Justice is one of the prerogatives of the Crown, but it is a prerogative that has long been exercisable only through duly appointed courts and judges. The following are the judicial prerogatives:
(1) The prerogative of mercy:
The Sovereign, acting in England and Wales by the Home Secretary, may pardon offences of a public nature, which are prosecuted by the Crown. Since 1997 the Home Secretary may seek assistance of Criminal Cases Review Commission in connection with the exercise of this power.
(II) Appointment of Judges:
The sovereign appoints the Lords of Appeal in Ordinary, the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Lords Justices of Appeal, by convention on the advice of the Prime Minister who consults the Lord Chancellor. The Crown appoints the puisne judges of the High Court by convention on the advice of the Lord Chancellor, who no doubt consults the Prime Minister. The Crown on recommendation of the Lord Chancellor also appoints Circuits judges to serve in the Crown Courts and County Courts.
C. Legislative prerogatives:
The prerogatives in relation to prerogative in relation to the legislature include the power to summon, Prorogue and dissolve parliament, and giving the royal assent to Bills. The sovereign has no prerogative power to legislate within the realm. The Crown is not bound by an Act of Parliament at any rate, to its detriment except by necessary words or necessary implication.
D. The Prerogative in Foreign Affairs
Act of state:
Act of state is generally used for an act done by the Crown as a matter of policy in relation to another state, or in relation to an individual who is not within the allegiance of the Crown. Acts of states in relation to foreign affairs include the declaration of war and peace; making of treaties; annexation and cession of territory etc. Acts of state in relation to individuals imply those acts done under the authority of the Crown in relation to individuals have been held to be acts of state, so prevent an aggrieved person from obtaining redress for damage done in some cases."
Passports:
The Crown has duty to protect its citizens abroad, although it is not legally enforceable. The alleged prerogative power of the Crown to refuse or impound passports has been described as arbitrary, objectionable and of doubtful legality.
Treaties:
The treaty-making power is an executive power, which in British Constitutional Law is vested in the Crown. A treaty is Analogous to a contract between states. Its binding force is a matter of international law. The negotiations are conducted by agents of the Crown and are usually made subject to ratification of the Crown. Treaties are acts of state, and do not in general require parliamentary sanction. There are, however, three classes of treaty which require confirmation by parliament. Those are treaties expressly made subject to ratification by parliament, treaties involving an alteration of English law or taxation and treaties affecting private rights.
Sovereign Immunity:
It is part of the royal prerogative in relation to foreign affairs to recognize or withhold recognition from foreign states and their head. Foreign states, their head, governments and diplomatic envoys recognized by the Crown enjoy certain immunities from the jurisdiction of the English Courts.