Duties and privileges of crown / Role of Queen/King under the British Constitution /prerogative of crown and How the prerogatives are exercised /Discuss The crown is an institution which never dies LLB Notes

 Duties and privileges of crown / Role of Queen/King under the British Constitution /prerogative of crown and How the prerogatives are exercised /Discuss The crown is an institution which never dies 

Introduction;-

  The Constitutional history of England begins with an absolute monarchy. The king was absolute sovereign. He was the source of all legal power, but with the passage of time the powers of king were decreased. Prerogatives are those legal powers which are left with the crown or which were not taken away from the crown during the process of decline in his powers. In past prerogative powers were originally exercised by the monarch acting alone, and do not require parliamentary consent, they are now always exercised on the advice of the Prime Minister or the Cabinet. There may be situations in which the monarch could choose to exercise the Royal Prerogative without the advice of the Prime Minister and the Cabinet. Such situations are extremely rare, and could only occur in emergencies.

Difference Between King and Crown;-

          Following are the difference between the king and crown.

a.         There can be demise of the king but not of the crown.

b.         The crown is institution whereas the king is an individual who holds the institution.

c.         The king is the part of crown but the crown is not part of king.

Definition;-

       Following are some important definition of prerogative of crown.

1) According to Dicey;-

 “A prerogative of the crown signifies those powers as have not been taken away from the Monarch during the process of decline in his powers”.

2) According to Coke;-

 “The prerogatives are those powers, pre-eminence (Supremacy) and privileges which the law gives to the crown”.

3) Simple Definition;-

 Prerogatives are the Common Law discretionary powers of the king.

Regulation of the crown’s prerogative;-

        The king exercises his prerogatives on the advice of the cabinet. The exercises of the prerogative rights (whether by the King himself or by the cabinet) is regulated by the conventions of the constitution.

Limitations on Prerogatives;-

             Crown’s prerogative is created for the benefit of the people & cannot be exercised to their prejudice. The courts have authority to ask if any supposed prerogative comes into existence. 

Present Junction;-

       At present the crown’s prerogatives is much restricted. The crown cannot claim any prerogative which is apposed to Common Law, any Act of Parliament or The liberties of the subjects.

Prerogatives of the Crown.;-

   There was a time when the king had a very large number of prerogatives, but their number has lessened (Reduced) in the course of time. Some of these prerogatives have been taken away by Acts of Parliament and other has disappeared because those were not exercised for long time. The prerogatives of the crown are classified in two categories which are Personal Prerogatives and Political Prerogatives.

1) Personal Prerogatives;-

         Following are the personal prerogatives of the crown.

•  King Can do no Wrong;-

        By no proceedings know to the law can the king be made personally responsible for any act done by him. In second  place it means that any illegal act done by any one (includes public servants)  in the name of crown cannot be taken as defense in the case proceedings.

•   King is never an infant;-

         It means that the king is never an infant, even when the king is actually an infant the assent given by him to bills passed by  Parliament makes them valid. It is presumed that the king is always fit to transact the business of the state.

•   King never dies;-

        King is immortal (Undying). As soon as one king dies,   he is succeeded (Followed) by another

2) Political Prerogatives;-

            Following are the Political Prerogatives of the crown.

•   Administrative Prerogatives;-

                Administrative Prerogative are listed below.

                   (a)        The Creation of Press.

                   (b)        The Creation of Corporations.

                   (c)        Appointment and dismissal of Ministers and other government officials.

                   (d)        Declaration of War.

                   (e)        The Crown is the Chief Command of Armed Forces.

• Ecclesiastical Prerogatives;-

             Following are the Ecclesiastical Prerogatives of the Crown.

        (a) Power of Appointment;-
                       King appoints high ecclesiastical officer by using the power of appointment e.g. appointment of Arch Bishop.

        (b) Head of Church;-
         The crown is the head of the church in England.

• Legislative Prerogatives;-

 (a) Power to Legislate;-

       The king has power at common law to legislate  for conquered and ceded colonies.

(b) Summoning of Parliament;-

    The king has the power of summoning the parliament.

(c) Dissolving of Parliament;-

      The King has the power to dissolving the parliament on the advice of Prime Minister.

(d)  Assent on Bills;-

          The king has the prerogative of giving Royal assent on bills passed by both houses of parliament.

(e)Appointment of Peers;-

           The appointments of peers are made by the crown.

•  Foreign Prerogatives;-

            Following are the Foreign prerogatives of the crow.

(a)Declaration of War and Peace;-

         King can declare war and peace at any time with other countries of the world.

(b)Appointment of Ambassador;-

           The king appoints the ambassador of his own country which represents them abroad (in other countries of the world).

(c)Representative of Nation;-

           The king is the sole representative of the nation in international dealing.

(d)Power to Make Treaties;-

          It is the prerogative of the king to make treaties.

Conclusion;-

      At conclusion we can say that crown is just a rubber stamp he cannot stop any legislation or bill passed by parliament. Crown in this regard can only advice the concerned ministry or can only warn. Presently crown can only claim his personal prerogatives as other prerogatives powers are exercised by the cabinet in the name of the king. Prerogative is the name for the reaming portion of the crown’s original authority and power.