|
The royal prerogative is a body of customary authority, privilege, and immunity, recognised in the United Kingdom as the sole prerogative of the Sovereign and the source of many of the executive powers of the British government. Prerogative powers were formerly exercised by the monarch acting on his or her own initiative. Since the 19th century, by convention, the advice of the prime minister or the cabinet—who are then accountable to Parliament for the decision—has been required in order for the prerogative to be exercised. The monarch remains constitutionally empowered to exercise the royal prerogative against the advice of the prime minister or the cabinet, but in practice would only do so in emergencies or where existing precedent does not adequately apply to the circumstances in question. Today the royal prerogative is available in the conduct of the government of the United Kingdom, including foreign affairs, defence, and national security. The monarchy has a significant constitutional presence in these and other matters, but limited power, because the exercise of the prerogative is in the hands of the prime minister and other ministers or other government officials. The modern judicial review procedure has superseded proceedings by petition of right for challenging the validity of a prerogative power. ==Definition== The royal prerogative has been called "a notoriously difficult concept to define adequately", but whether a particular type of prerogative power exists is a matter of common law to be decided by the courts as the final arbiter. A prominent constitutional theorist, A. V. Dicey, proposed in the nineteenth century that: While many commentators follow the Diceyan view, there are constitutional lawyers who prefer the definition given by William Blackstone in the 1760s:〔Loveland (2009) p. 92〕 Dicey's opinion that any action of governance by the monarch beyond statute is under the prerogative diverges from Blackstone's that the prerogative simply covers those actions that no other person or body in the United Kingdom can undertake, such as the dissolution of Parliament.〔 Case law exists to support both views. Blackstone’s notion of the prerogative being the powers of an exclusive nature was favoured by Lord Parmoor in the De Keyser’s Royal Hotel case of 1920, but some difficulty with it was expressed by Lord Reid in the Burmah Oil case of 1965. A clear distinction has not been necessary in the relevant cases, and the courts may never need to settle the question as few cases deal directly with the prerogative itself.〔''Review of the Executive Royal Prerogative Powers: Final Report'', Chapter Two paragraph 26()〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Royal prerogative in the United Kingdom」の詳細全文を読む スポンサード リンク
|