Chapter 6 Self-test questions

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Prerogative powers were developed so that the King could rule effectively and, in return, he owed obligations of __________ to his people.

Your response

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Payne argues that there are two distinct schools of thought as regards the royal prerogative. Please select the two schools of thought from the list below.

The royal prerogative is relatively harmless and so these powers have been left in place substantially the same through the centuries. correct incorrect

The royal prerogative exists for as long as we have a constitutional monarch and it is not possible for it to be reformed unless the UK were to become a republic. correct incorrect

The royal prerogative powers are so tightly regulated by law that they are no longer of any real significance in the UK constitution. correct incorrect

The royal prerogative powers are wide-ranging and archaic. Their breadth and extent are such that they pose a danger to the foundations of democratic government and they should be reformed. correct incorrect

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Royal prerogative powers are based in the common law and so are not written down in codified form. Consequently it is not easy to say with certainty the exact limits of the power. However constitutional conventions have developed over time to regulate and place limits on the exercise of prerogative powers.

True correct incorrect

False correct incorrect

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There are two competing definitions of the royal prerogative, provided by Blackstone and Dicey. Please match the definition to the theorist.

'[The term] can only be applied to those rights and capacities which the king enjoys alone… and not to those which he enjoys in common with any of this subjects.'

Select an answer choice Blackstone's definition of the royal prerogative Dicey's definition of the royal prerogative

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'The prerogative appears to be [that]… [e]very Act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of his prerogative.'

Select an answer choice Dicey's definition of the royal prerogative Blackstone's definition of the royal prerogative

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The relationship between the royal prerogative and Acts of Parliament may be explained with reference to some key principles. Please select all that apply from the options below.

Prerogative powers remain unless they have been suspended or restricted by statute. correct incorrect

Statutes and prerogative powers may co-exist if they do not contradict each other. correct incorrect

When there is a statute in force in similar terms to the royal prerogative, the executive must use the statute and not the royal prerogative. correct incorrect

Parliament may create new royal prerogative powers by statute. correct incorrect

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Prerogative powers fall into two broad categories - those that the monarch may exercise personally, and those that are delegated to the executive to be exercised on her behalf. Please select the prerogative powers that by constitutional convention the monarch may exercise personally.

Summon, prorogue and dissolve Parliament. correct incorrect

Appoint the Prime Minister correct incorrect

Dismiss the government. correct incorrect

Declare War. correct incorrect

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Feldman argues that the gap between the theory and practice of the Queen's exercise of personal prerogative power is great. The power is given free from restriction and yet it is restricted through the operation of a constitutional convention that is not a form of law, is thus not legally binding, and so cannot be enforced by the ______.

Your response

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Prerogative powers fall into two broad categories - those that the monarch may exercise personally, and those that have been delegated to the executive to be exercised on her behalf. Please select the categories of prerogative powers that the executive may exercise on behalf of the monarch.

Powers relating to international affairs and foreign relations. correct incorrect

Defence of the realm including declaration of war and peace and deployment of the armed forces abroad. correct incorrect

National security. correct incorrect

The power to extend the life of Parliament. correct incorrect

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The case of Council for Civil Service Union v Minister for the Civil Service reinforced the rule that the exercise of the royal prerogative is never susceptible to legal challenge.

True correct incorrect

False correct incorrect

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There are two different types of Order in Council, and these are subject to different levels of parliamentary oversight. Please match the type of Order in Council to the relevant level of oversight.

Order in Council made under statutory powers.

Select an answer choice Not subject to parliamentary scrutiny. Executive action taken under this type of order may be susceptive to judicial review following the ruling in Bancoult (No 2). Subject to parliamentary scrutiny. Executive action taken under this type of order is susceptible to judicial review.

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Order in Council made under royal prerogative powers

Select an answer choice Subject to parliamentary scrutiny. Executive action taken under this type of order is susceptible to judicial review. Not subject to parliamentary scrutiny. Executive action taken under this type of order may be susceptive to judicial review following the ruling in Bancoult (No 2).