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Topic: Royal prerogative


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  Royal Prerogative - Wikipedia, the free encyclopedia
The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone.
Former left wing Labour MP Tony Benn campaigned for the abolition of the Royal Prerogative in the United Kingdom in the 1990s, arguing that all governmental powers in effect exercised on the advice of the Prime Minister and cabinet should be subject to parliamentary scrutiny and require parliamentary approval.
Joseph Chitty, The Prerogatives of the Crown (monograph from 1820)
en.wikipedia.org /wiki/Royal_Prerogative   (1344 words)

  
 Royal family - Wikipedia, the free encyclopedia
Finally, it is proper to refer to the extended relations of a deposed monarch and his or her descendants as a royal family.
A royal family typically includes the spouse of the reigning monarch, any or all surviving spouses of a deceased monarch, the children, grandchildren, brothers, sisters, and cousins of the reigning monarch, as well as their spouses.
The precise functions of a royal family vary depending on whether the polity in question is an absolute monarchy, a constitutional monarchy, or somewhere in between.
en.wikipedia.org /wiki/Royal_family   (614 words)

  
 The Roles of the Monarchy - Canadian Monarchist ONLINE
It is the mechanism of the royal prerogative that these offices and institutions found their source; from it the Prime Minister receives his power and the authority.
The royal prerogative can also be used, with justification when the government refuses to resign after an election defeat or after a vote of non-confidence, to dismiss the government.
Royal tours by the Queen or other members of the Royal Family are always great days for millions of Canadians, and the thousands who line the streets who welcome their Queen to her Canadian home.
www.interlog.com /~rakhshan/proles.html   (2202 words)

  
 royal
One should not confuse the "prerogative" with the actual ability of the king to exercise it personally, because it was always circumscribed by serveral factors.
These conventions and practical reality were always limits on the real exercise of the royal prerogative -- but didn't negate the underlying principle that the king had the right to act without question.
Royal Prerogative is the theory that the King has the right to do pretty much whatever he wants, because he is unquestionable as the representative of God on Earth.
www.geocities.com /practicalist/royal   (2070 words)

  
 Prerogative powers - Hutchinson encyclopedia article about Prerogative powers
Most prerogative acts in the UK are now performed by the government on behalf of the crown.
The royal prerogative belongs to the Queen as a person as well as to the institution called the crown, and the award of some honours and dignities remain her personal choice.
The royal prerogative is traceable to the days before Parliament existed.
encyclopedia.farlex.com /Prerogative+powers   (171 words)

  
 The Governor-General of New Zealand - Royal Prerogative of Mercy   (Site not responding. Last check: 2007-10-20)
In New Zealand, the Governor-General, acting as the representative of the Queen of New Zealand, exercises the Royal prerogative of mercy.
The prerogative of mercy can be exercised where a person claims to have been wrongly convicted or wrongly sentenced.
The Royal prerogative of mercy may be exercised to re-open a person’s case when it is considered that a miscarriage of justice is likely to have occurred.
www.gg.govt.nz /role/royalprerogative.htm   (917 words)

  
 [No title]
A prerogative royal I take two ways: either to be an act of mere will and pleasure above or beside reason or law, or an act of dispensation beside or against the letter of the law.
Those who hold such a prerogative, must say the king is so absolute and unlimited a god on earth, that either by law, or his sole pleasure beside law, he may regularly and rationally move all wheels in policy; and his uncontrolled will shall be the axletree on which all the wheels are turned.
All these are inseparably in the crown, but he stealeth in prerogative royal, in the clause which is now in question, "Render to Cæsar all Cæsar's;" and therefore, saith he, render to him a prerogative, that is, an absolute power to pardon and sell the blood of thousands.
www.constitution.org /sr/q23.txt   (4014 words)

  
 FAQ: Oldest Regiment in the British Army
The Royal Navy is the senior service, and claims descent from the navy founded by King Alfred the Great in the 9th century.
Although the Royal Navy was now under civil control, it had originated as a royal prerogative, and as such its members have never had to take the oath of allegiance to the monarch (unlike the other armed forces).
The Royal Air Force is, in effect, one of the Army's "tribes" that broke away.
www.regiments.org /about/faq/royalsvc.htm   (694 words)

  
 Monarchy   (Site not responding. Last check: 2007-10-20)
The Royal Prerogative mainly comprises executive government - powers controlled by constitutional conventions (rules which are not part of the law, but which are regarded as indispensable to the machinery of government).
The use of the word ‘Royal’ in connection with a society, borough or organisation indicates that they were founded or established by, or are under the patronage of, a Sovereign or royal person.
In the beginning this patronage took the form of royal charters given collectively to various trade guilds; later the relationship between the Crown and individual tradespeople was formalised by the issue of royal warrants.
www.tolearnenglish.com /free/civi/Monarchy.htm   (1503 words)

  
 The Honourable Dan Hays, Web site archive   (Site not responding. Last check: 2007-10-20)
Any legislation that affects the prerogatives, hereditary revenues, property or interests of the Crown requires Royal Consent, that is, the consent of the Governor General in his or her capacity as representative of the Sovereign.
Furthermore, since the appointment of a Governor General is an exercise of the prerogative, and since the participation of the Prime Minister in an appointment is necessary, the Sovereign is legally entitled to the advice of the Prime Minister on the exercise of Her rights.
I conclude that Her exercise of the prerogative is affected in that, while the bill may preserve the prerogative, it would have an impact on its exercise.
www.sen.parl.gc.ca /dhays/Rulings/011025-en.htm   (2029 words)

  
 Royal Prerogative
Hon Adam Ingram, Minister of State for the Armed Forces (extract: "the right of Her Majesty’s Government to prosecute military operations abroad … is exercised under the Royal Prerogative …The prior authority of Parliament is not required …this has been the position of successive Governments for generations").
The right of her Majesty's Government to prosecute military operations abroad is not derived from statute but from the common law, and is exercised under the Royal Prerogative.
Powers under the Royal prerogative are those uniquely enjoyed by the Crown and exercised on its behalf by Ministers.
www.inlap.freeuk.com /royalprerogative.htm   (813 words)

  
 Real Women of Canada - Newsletters - ROBERT LATIMER AND THE ROYAL PREROGATIVE OF MERCY   (Site not responding. Last check: 2007-10-20)
S. 749 of the Criminal Code allows the Royal Prerogative of Mercy to be applied in exceptional cases where considerations of justice, humanity and compassion override the normal administration of justice.
It is noteworthy, however, that the Royal Prerogative of Mercy is supposed to be concerned only with the applicant (Latimer), not the circumstances of others, such as his family or others in the community.
The Cabinet may then exercise the Royal Prerogative of Mercy on the advice of Solicitor General MacAulay or, surprisingly, according to correspondence recently received from Justice Minister Anne McLellan, on the advice of either the Solicitor General or of "at least one other Minister." This latter provision creates an unexpected turn, to say the least.
www.realwomenca.com /newsletter/2002_Jan_Feb/article_6.html   (961 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
2(1) limits the royal prerogative to create reserves in that it precludes the possibility of transferring the title to the land from the Crown to the First Nation (since the definition provides that legal title is "vested in Her Majesty").
If the royal prerogative were completely unlimited by statute, the Crown would essentially be able to create reserves, in any manner it wished, including the transfer of title by sale, grant or gift to a First Nation or some of its members.
The royal prerogative in Canada is exercised by the Governor General under the letters patent granted by His Majesty King George VI in 1947 (see Letters Patent constituting the office of Governor General of Canada (1947), in Canada Gazette, Part I, vol.
www.lexum.umontreal.ca /csc-scc/en/pub/2002/vol2/texte/2002scr2_0816.txt   (11236 words)

  
 The Monarch and Military Might
Royal Prerogative is a poorly defined term, and it is not at all clear if it refers to the powers which the monarchy still retain, or to those powers which have been delegated to Ministers or others.
I believe that Royal Prerogative allows the delegation of decision making to Ministers while retaining a veto on those decisions, but it is hard to find any hard evidence to confirm this (having a properly defined constitution would have certainly helped).
While the Royal Prerogative has been used in the recent past (when Edward Heath took us into the EEC, back in 1972, parliament was not consulted beforehand), the ability of a Prime Minister to declare war without having parliamentary approval first has not been recently tested.
www.hippy.freeserve.co.uk /hmqatwar.htm   (972 words)

  
 Legal Definitions of Prerogative, Prerogative Court
PREROGATIVE - The privilege, preeminence, or advantage which one person has over another; thus a person vested with an office, is entitled to all the rights, privileges, prerogatives, etc. which belong to it.
The royal prerogative is an arbitrary power vested in the executive to do good and not evil.
The testamentary courts of the two archbishops, in their respective provinces, are styled prerogative courts, from the prerogative of each archbishop to grant probates and administrations, where there are bona, notabilia; but still these are only inferior and subordinate jurisdictions; and the style of these courts has no connection with the royal prerogative.
www.lectlaw.com /def2/p145.htm   (190 words)

  
 Department for Constitutional Affairs - Government Response to the PASC Fourth Report of Session 2003-04: Taming the ...
It agrees with the Committee's assessment that the prerogative offers much needed flexibility to govern, and is a well-established part of the constitution, and that Ministers need executive powers which enable them to react quickly in possibly complex and dangerous circumstances.
Passports are issued under the prerogative by or on behalf of the Secretary of State.
The Government notes that the Committee did not think the case for increased scrutiny of the use of prerogative powers in these areas was sufficiently strong to be singled out in their recommendation.
www.dca.gov.uk /pubs/reports/prerogative.htm   (1680 words)

  
 NATIONAL GUN LAWS AND CONSTITUTIONAL MATTERS AND THE PREROGATIVE OF THE CROWN
The Monarch cannot lawfully or willingly grant Royal Assent to legislation that undermines or allows an enactment of laws contrary to Her Royal Prerogative, unless she has been led to believe this legislation is the will of her subjects, that has been determined by referendum.
The Prerogative is thus created and limited by Common Law and the Sovereign can claim no Prerogative except such as the law allows, nor such as are contrary to Magna Carta, or to any other Statute, or to the Liberties of the Subjects (Citizens).
The Prerogative is not confined to the British Islands, but extends to all parts of the Commonwealth, as fully in all respects as to England.
www.lockstockandbarrel.org /letters/LTE013.htm   (3537 words)

  
 Queen
I turn now to the royal prerogative, which used to mean that no treaty was required to be approved by Parliament or the people of this country.
I agree with the Chancellor and with the proposition that the hon.
Clearly, if the royal prerogative were passed to Parliament on the question of war and if we pass the royal prerogative to the people on the question of the treaty, it could never go back again.
www.stuartbellmp.org /queen_speech_05.htm   (1882 words)

  
 Royal Prerogatives
These princely prerogatives are what Oliver Cromwell's New Model Army left in the royal domain after grabbing the things that mattered for their Short, Long and Barebone Parliaments.
This detached the Intelligence Services from the Royal Prerogative under Privy Council scrutiny and placed them under the most cursory means of Parliamentary scrutiny…secret budgets and a Home Secretary standing up in Parliament once a year to inform the house that all is well…a classic Yes Prime Minister manoeuvre by the government establishment.
Apart from using the royal 'make war and peace' prerogative to send young men to their death in far-off countries, the judiciary has expressed concern on the use of the royal prerogatives to 'maintain the lord's peace' and 'make treaties'.
www.cesc.net /passagen/europe/prerogatives.html   (1377 words)

  
 THE ROYAL PREROGATIVE, ITS USE BY THE HEIRS TO FORMER THRONES, AND BY REPUBLICAN OR REVOLUTIONARY REGIMES   (Site not responding. Last check: 2007-10-20)
The opposition of successor regimes towards use of the royal prerogative by permanently (as opposed to temporarily) deposed dynasties, has generally been repeated in other cases where one dynasty, or branch thereof, was replaced by another.
He did make appointments to the Royal Orders, awarding three collars of the Saint Esprit, twelve of Saint Michel and five hundred and seventy-five crosses or promotions in the Order of Saint Louis, all of which were listed after the Restoration with the original date of appointment.
There is no question, however, over the validity of any of the titles of members of the Royal Family or of the awards of the Golden Fleece between 1941 and 1977, and all have been recognized implicitly in various acts of the Crown since 1975.
www.chivalricorders.org /royalty/royal.htm   (7462 words)

  
 Policy Manual: 14. Clemency and Pardons
The power to exercise the Royal Prerogative of Mercy for federal offenses is vested in the Governor General of Canada by virtue of the Letters Patent, constituting that office.
The Royal Prerogative of Mercy is exercised according to general principles which are meant to provide for a fair and equitable process, while ensuring that it is granted only in very exceptional and truly deserving cases.
The Royal Prerogative of Mercy is intended only for rare cases in which consideration of justice, humanity and compassion override the normal administration of justice.
www.npb-cnlc.gc.ca /infocntr/policym/man_14_e.htm   (3195 words)

  
 BBC NEWS | UK | Q&A: Royal Prerogative
BBC News analyses the Royal Prerogative, which has only been used 13 times since 1947 to refuse passports, the last being 1976.
The Royal Prerogative of Mercy used to enable the withdrawal of the death penalty, but now allows changes in sentences.
One of the more unusual prerogatives is the Royal ownership of swans.
news.bbc.co.uk /1/hi/uk/4267761.stm   (368 words)

  
 Guardian Unlimited | Archive Search
The royal prerogative has been diminished but the authority has not been passed on to our representatives in the legislature.
Crown prerogative enables governments to fill a huge range of senior appointments in the armed forces, the security services, the civil service and the judiciary, without reference to the people's representatives, though also, in most cases, without anything more than a token reference to the monarch whom they are said to be serving.
Under crown prerogative, ministers can grant public immunity certificates which enable them to withhold from the courts information which others might judge was crucial - a routine practice belatedly exposed to the light by the Scott inquiry.
www.guardian.co.uk /Archive/Article/0,4273,4101022,00.html   (2802 words)

  
 Canadian Colonialism continues | WHRnet - Women's Human Rights Net
The Royal Prerogative is an ancient common law practice, which has not been exercised outside of the Indian Act since 1885 and onwards.
However the Royal Prerogative does not apply because Kanesatake falls under the Royal Proclamation of 1763, which Kanesatake was a signatory to.
Which only leads us to believe that they are exercising a Royal Prerogative and for the 1st time it has been exercised in Canada regarding the Mohawk's.
www.whrnet.org /i/node/34   (777 words)

  
 Blackstone's Commentaries - Book the First : Chapter the Seventh : Of the King's Prerogative
The other divifion, which forms the royal revenue, will require a diftinct examination; according to the know diftribution of the feodal writers, who diftinguifh the royal prerogatives into the majora and minora regalia, in the latter of which claffes the righths of the revenue are ranked.
WE are next to confider thofe branches of the royal prerogative, which inveft this our fovereign lord, thus all-perfect and immortal in his kingly capacity, with a number of authorities and powers; in the exertion whereof confifts the executive part of government.
Such alfo is the prerogative of erecting corporations; whereby a number of private perfons are united and knit together, and enjoy many liberties, powers, and immunities in their politic capacity, which they were utterly incapable of in their natural.
www.yale.edu /lawweb/avalon/blackstone/bk1ch7.htm   (9635 words)

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