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10 - Crown Prerogative

Reining in the Powers

from Part III - The Crown and Constitutional Reform

Published online by Cambridge University Press:  13 January 2019

Cris Shore
Affiliation:
University of Auckland
David V. Williams
Affiliation:
University of Auckland
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Summary

In Westminster constitutions based on the supremacy of Parliament there remain a number of important governmental powers derived purely from royal prerogatives. They can be potent political weapons allowing the executive government to act without democratic accountability. Some reserve powers are exercised by the monarch or vice-regal representative – and not without controversy in some instances. Most prerogative powers are vested in Cabinet and in ministers responsible for entering, ratifying and withdrawing from treaties, declaring war and dispatching armed forces personnel to theatres of war, and dealing with British subjects in directly ruled Crown overseas territories. Walter Bagehot is invariably the primary authority cited on the role of the sovereign in a constitutional monarchy even though his views did not accurately reflect reality in 1867, and may still disguise reality today. The executive frequently finds it useful and necessary – indeed ‘efficient’ in Bagehot’s terms – to invoke prerogative powers. The Chilcot Iraq inquiry; litigation concerning involuntary removal of British subjects from Diego Garcia for a US military base; and the role or prerogative in the Brexit decision-making are among the cases studies in this chapter.
Type
Chapter
Information
The Shapeshifting Crown
Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
, pp. 203 - 223
Publisher: Cambridge University Press
Print publication year: 2019

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References

Aronson, Theo. 2015. Crowns in Conflict: The Triumph and the Tragedy of European Monarchy 1910–1918. London: Thistle Publishing.Google Scholar
Arvind, T. T. 2012. ‘“Though It Shocks One Very Much”: Formalism and Pragmatism in the Zong and Bancoult.’ Oxford Journal of Legal Studies 32(1): 113–51.CrossRefGoogle Scholar
Bagehot, Walter. 1867. The English Constitution. London: Chapman and Hall.Google Scholar
Bartlett, Gail and Everett, Michael. 2017. The Royal Prerogative. Briefing Paper No. 03861, August 17. London: House of Commons Library.Google Scholar
Blick, Andrew and Gordon, Richard. 2016. Using the Prerogative for Major Constitutional Change: The United Kingdom Constitution and Article 50 of the Treaty on European Union. London: The Constitution Society.Google Scholar
Bogdanor, Vernon. 1997. The Monarchy and the Constitution. Oxford: Clarendon Press.Google Scholar
British Monarchist League. Website. Accessed 14 April 2018 at www.monarchist.org.uk/the-constitution.html.Google Scholar
Cabinet Office. 2011. The Cabinet Manual. London: Cabinet Office.Google Scholar
Cannadine, David. 1983. ‘The Context, Performance and Meaning of Ritual: The British Monarchy and the “Invention of Tradition” c. 1820–1977.’ In The Invention of Tradition, edited by Hobsbawm, Eric and Ranger, Terence, 101–64. Cambridge and New York: Cambridge University Press.Google Scholar
Committee of Privy Counsellors. 2016. The Report of the Iraq Inquiry. London: Cabinet Office.Google Scholar
Craig, David M. 2003. ‘The Crowned Republic? Monarchy and Anti-Monarchy in Britain, 1760–1901.’ The Historical Journal 46(1): 167–85.Google Scholar
Ekins, Richard. 2017. ‘Constitutional Practice and Principle in the Article 50 Litigation.’ Law Quarterly Review 133: 347–53.Google Scholar
Eleftheriadis, Pavlos. 2017. ‘Two Doctrines of the Unwritten Constitution.’ European Constitutional Law Review 13(3): 525–50.Google Scholar
Finlayson, Christopher. 2014a. ‘Christopher Finlayson on Waitangi Finding.’ Radio interview, 14 November. Checkpoint programme, Radio New Zealand. Accessed 10 April 2018 at www.radionz.co.nz/national/programmes/checkpoint/audio/20157322/christopher-finlayson-on-waitangi-finding.Google Scholar
Finlayson, Christopher. 2014b. ‘Waitangi Tribunal Report.’ Radio interview, 14 November. Newstalk ZB. Accessed 10 April 2018 at www.newstalkzb.co.nz/on-air/larry-williams-drive/audio/chris-finlayson-waitangi-tribunal-report/.Google Scholar
Forsey, Eugene. 2013. ‘King-Byng Affair.’ The Canadian Encyclopedia. Accessed 16 April 2018 at www.thecanadianencyclopedia.ca/en/article/king-byng-affair/.Google Scholar
Garside, Juliette. 2017. ‘Paradise Papers Leak Reveals Secrets of the World Elite’s Hidden Wealth.’ The Guardian, 5 November. Accessed 14 May 2018 at www.theguardian.com/news/2017/nov/05/paradise-papers-leak-reveals-secrets-of-world-elites-hidden-wealth.Google Scholar
Gordon, Arthur. 1881. ‘Commutation of Sentence of Death Passed upon Wiremu Wharepa.’ Appendices to the Journal of the House of Representatives, A.–1A. Wellington: Government Printer.Google Scholar
Harding, Luke. 2016. ‘What Are the Panama Papers? A Guide to History’s Biggest Data Leak.’ The Guardian, 5 April. Accessed 14 May 2018 at www.theguardian.com/news/2016/apr/03/what-you-need-to-know-about-the-panama-papers.Google Scholar
Hardman, Robert. 2012. Our Queen. London: Arrow.Google Scholar
Hasluck, Paul. 1979. The Office of Governor-General. Melbourne: Melbourne University Press.Google Scholar
Hazell, Robert and Morris, Bob. 2017. ‘If the Queen Has No Reserve Powers Left, What Is the Modern Monarchy For?Review of Constitutional Studies 22(1): 532.Google Scholar
Hogg, Peter. 2009. ‘Prorogation and the Power of the Governor General.’ National Journal of Constitutional Law 27: 193203.Google Scholar
Jeffrey, Simon. 2003. ‘UK’s “Biggest Peace Rally”.’ The Guardian, 15 February. Accessed 14 May 2018 at www.theguardian.com/uk/2003/feb/15/politics.politicalnews.Google Scholar
Keith, Kenneth. 2017. ‘On the Constitution of New Zealand: An Introduction to the Foundations of the Current Form of Government.’ In Cabinet Manual 2017, 16. Wellington: Cabinet Office, Department of the Prime Minister and Cabinet.Google Scholar
Laski, Harold. 1938. Parliamentary Government in England. London: Allen & Unwin.Google Scholar
Macauley, Thomas. 1855. The History of England from the Accession of James the Second, Vol. IV. Leipzig: Bernhard Tauchnitz.Google Scholar
McKie, David. 2000. ‘How Ministers Exercise Arbitrary Power.’ The Guardian, 6 December. Accessed 14 May 2018 at www.theguardian.com/uk/2000/dec/06/monarchy.comment4.Google Scholar
Palmer, Geoffrey and Butler, Andrew. 2018. Towards Democratic Renewal: Ideas for Constitutional Change in New Zealand. Wellington: Victoria University Press.Google Scholar
Poole, Thomas. 2015. Reason of State: Law, Prerogative and Empire. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Quentin-Baxter, Alison and McLean, Janet. 2017. This Realm of New Zealand: The Sovereign, the Governor-General, the Crown. Auckland: Auckland University Press.Google Scholar
Quigley, Declan. 2005. ‘Introduction: The Character of Kingship.’ In The Character of Kingship, edited by Quigley, Declan, 123. Oxford: Berg.Google Scholar
Robinson, Tim. 2017. Brexit Reading List: Legal and Constitutional Issues. Briefing Paper 7702, 20 December. London: House of Commons Library.Google Scholar
Rose, Kenneth. 1983. King George V. London: Weidenfeld and Nicolson.Google Scholar
Russell, Peter and Sossin, Lorne (eds.). 2009. Parliamentary Democracy in Crisis. Toronto: University of Toronto Press.Google Scholar
Sinclair, Keith. 1976. Walter Nash. Auckland: Auckland University Press.Google Scholar
Smith, David E. 2013. ‘The Crown in Canada Today: How Dignified? How Efficient?’ In Canada and the Crown: Essays on Constitutional Monarchy, edited by Jackson, D. Michael and Lagassé, Philippe, 89100. Kingston/Montreal: McGill-Queen’s University Press.Google Scholar
Sunkin, Maurice and Payne, Sebastian (eds.). 1999. The Nature of the Crown: A Legal and Political Analysis. Oxford: Clarendon Press.Google Scholar
Thomas, Edmund W. 2007. ‘An Indictment of Tony Blair, and the Failure of the Political Process.’ The Spokesman 95: 1248.Google Scholar
Thompson, Edward. 1977. Whigs and Hunters: The Origin of the Black Act. Harmondsworth: Penguin Books.Google Scholar
Twomey, Anne. 2018. The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Vine, David. 2008. ‘Decolonising Britain in the 21st Century? Chagos Islanders Challenge the Crown, House of Lords, 30 June–3 July 2008.’ Anthropology Today 24(4): 2628.Google Scholar
Vine, David. 2011. Island of Shame: The Secret History of the U.S. Military Base on Diego Garcia. Princeton, NJ: Princeton University Press.Google Scholar
Wade, William. 1955. ‘The Basis of Legal Sovereignty.’ Cambridge Law Journal 13(2): 172–97.Google Scholar
Waitangi Tribunal. 2014. The Report on Stage 1 of the Te Paparahi o Te Raki Inquiry, He Whakaputanga me te Tiriti – The Declaration and the Treaty. WAI 1040. Wellington: Waitangi Tribunal.Google Scholar
Willis, Edward. 2015. ‘Unwritten Constitutionalism: A Study of the Principles and Structures That Inform New Zealand’s Distinctively Unwritten Constitution.’ PhD thesis. University of Auckland, Auckland, New Zealand.Google Scholar
Young, Alison L. 2017. Democratic Dialogue and the Constitution. Oxford: Oxford University Press.CrossRefGoogle Scholar

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