Executive Power: The Prerogative, Past, Present and Future

This book demystifies the prerogative and its role in government, Parliament, and the courts. It is timely in contributing to current debates over Brexit and other issues, and provides a comprehensive guide to the operation of the prerogative, past, present, and future, with suggestions for reform.

Format: Hardback
Length: 344 pages
Publication date: 03 November 2022
Publisher: Bloomsbury Publishing PLC

The prerogative has long been a subject of fascination and intrigue for many observers, but this comprehensive book aims to demystify it. It delves into the various prerogative powers and provides a detailed explanation of each one. Through separate chapters, it elucidates the respective roles of government, Parliament, and the courts in defining the scope of prerogative powers and regulating their usage. Additionally, it examines the question of which powers should be codified in statute, which should be governed by convention, and which may be left to the discretion of the executive.

The book's timeliness is particularly noteworthy, given the recent debates surrounding Brexit and the prerogative's central role in these discussions. The fevered parliamentary debates over Brexit have brought the prerogative to the forefront of public attention. Recent controversies have ranged from the role of Parliament in assenting to treaties to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that "after Brexit, we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament, and the courts; the functioning of the Royal Prerogative."

This book encompasses a wide range of prerogative powers, including the authority, the power to go to war, ratify treaties, appoint and dismiss ministers, regulate the civil service and public appointments, grant honors and pardons, and issue passports. With 19 chapters, it offers a comprehensive guide to the operation of the prerogative, both in the past and present, and provides thoughtful suggestions for reform.

The book's approach is insightful and informative, offering a balanced perspective on the prerogative's historical development, legal implications, and potential reforms. It sheds light on the complex interplay between the executive, legislative, and judicial branches of government and highlights the importance of maintaining a delicate balance between the prerogative and democratic principles. By examining the historical roots and evolution of the prerogative, the book provides valuable insights into the origins and purposes of these powers. It also explores the various legal frameworks and doctrines that have shaped the interpretation and application of prerogative powers.

Furthermore, the book addresses the contemporary challenges and controversies surrounding the prerogative. It examines the role of Parliament in shaping the exercise of prerogative powers, particularly in the context of Brexit. It explores the tensions between the executive and legislative branches of government and the potential risks associated with the unchecked use of prerogative powers. The book also offers practical recommendations for reform, aimed at ensuring that the prerogative is exercised in a transparent, accountable, and democratic manner.

In conclusion, this book is a valuable resource for anyone interested in understanding the prerogative and its implications for modern governance. It provides a comprehensive and accessible account of the prerogative powers, their historical development, legal framework, and contemporary challenges. By examining the roles of government, Parliament, and the courts in defining the prerogative, it offers insights into the complex dynamics of power and authority in modern societies. The book's timely and insightful approach makes it an essential read for policymakers, legal professionals, academics, and citizens alike who seek to navigate the complexities of the prerogative in the 21st century.

Weight: 674g
Dimension: 164 x 240 x 28 (mm)
ISBN-13: 9781509951444