Anonymous

Royal Prerogative: Difference between revisions

From Cibernética Americana
Line 22: Line 22:
Contrary to widespread belief, the Royal Prerogative is not constitutionally unlimited. While the sovereign has the right to promulgate (i.e., create and proclaim) new law(s), it is a form of reserve power not constitutionally used. (Her Majesty, as Head of State of the United Kingdom and the other Commonwealth realms, has the right to use the Royal Prerogative over any nation where she is Head of State.)
Contrary to widespread belief, the Royal Prerogative is not constitutionally unlimited. While the sovereign has the right to promulgate (i.e., create and proclaim) new law(s), it is a form of reserve power not constitutionally used. (Her Majesty, as Head of State of the United Kingdom and the other Commonwealth realms, has the right to use the Royal Prerogative over any nation where she is Head of State.)


In the ''Case of Proclamations'' (1611) during the reign of King [[:en:James I of England|James I/VI|James I of England|James I/VI]], [[:en:England|English]] common law courts judges emphatically asserted that they possessed the right to determine the limits of the Royal Prerogative. Since the [[:en:Glorious Revolution|Glorious Revolution]] (1688), which brought co-monarchs Queen [[:en:Mary II of England|Mary II]] and King [[:en:William III of England|William III]] to power; this interpretation of there being a separate and distinct power of the Judiciary has not been challenged by [[:en:the Crown]].  It has been accepted that it is emphatically the province of the Court(s); to say what the law is, or means.  This is a crucial corollary and foundation to the concept of the Judicial Power; and its distinct and separate nature from the Executive Power possessed by the Crown itself, or its Ministers.
In the ''Case of Proclamations'' (1611) during the reign of King [[:en:James I of England|James I/VI|James I/VI]], [[:en:England|English]] common law courts judges emphatically asserted that they possessed the right to determine the limits of the Royal Prerogative. Since the [[:en:Glorious Revolution|Glorious Revolution]] (1688), which brought co-monarchs Queen [[:en:Mary II of England|Mary II]] and King [[:en:William III of England|William III]] to power; this interpretation of there being a separate and distinct power of the Judiciary has not been challenged by [[:en:the Crown]].  It has been accepted that it is emphatically the province of the Court(s); to say what the law is, or means.  This is a crucial corollary and foundation to the concept of the Judicial Power; and its distinct and separate nature from the Executive Power possessed by the Crown itself, or its Ministers.


==The Royal Prerogative==
==The Royal Prerogative==