Chapter 10 Multiple choice questions

Prerogative Powers
. What are the three sources of legal authority on which a public body may seek to rely? Please select all that apply.

. The government has the freedom in certain situations to act without specific legal authority.

. The House of Commons Public Administration Select Committee, in a report, identified three groups of prerogative powers. Which of the following were they? Please select all that apply.

. Match the author to their definition or view of the Royal Prerogative.

'The residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown.'

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'It can only be applied to those rights and capacities which the King enjoys alone, in contradistinction to the others, and not those he enjoys in common with any of his subjects.'

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'Does it produce a legal effect at common law and is it unique to the Crown and not shared with any other persons.'

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'The prerogative is really a relic of a past age, not lost by disuse, but only available for a case not covered by statute.'

. Which statement best describes the outcome of the constitutional issue of limits on the prerogative power in R (Miller) v Secretary of state for Exiting the European Union [2017] UKSC 5?

. The executive can only claim to possess prerogative powers if these powers are _______ recognized by the common law.

. Match the paraphrased judicial statement on the relationship between prerogative and statutory powers to the relevant case.

If something is covered by statute and the prerogative it must be done by statute.

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If the statute does not grant a monopoly over the particular power over which the executive is relying on the prerogative and the prerogative power exists, then the executive can use the prerogative despite the presence of a statute regulating the relevant area.

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Prerogative powers cannot be exercised to frustrate the will of Parliament as expressed in a statute.

. In judicial review cases, when the government claims to be exercising a prerogative power, the court will simply determine whether or not the power exists. If it does, the court will not review the legality of the way it was used.

. In what way does the House of Lords go beyond the ruling of the GCHQ case in regards to the reviewability of prerogative powers in the case of R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008]?

. The PASC submits a number of reasons for placing prerogative powers onto the statute book. Which of the following reasons do they give? Please select all that apply.

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