Talk:Royal prerogative

From Wikipedia, the free encyclopedia
Jump to: navigation, search
          This article is of interest to the following WikiProjects:
WikiProject Law (Rated C-class, Mid-importance)
WikiProject icon


This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it.
C-Class article C  This article has been rated as C-Class on the project's quality scale.
 Mid  This article has been rated as Mid-importance on the project's importance scale.
 
WikiProject Politics (Rated C-class, Mid-importance)
WikiProject icon This article is within the scope of WikiProject Politics, a collaborative effort to improve the coverage of politics on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
C-Class article C  This article has been rated as C-Class on the project's quality scale.
 Mid  This article has been rated as Mid-importance on the project's importance scale.
 
WikiProject Royalty and Nobility
WikiProject icon This article is within the scope of WikiProject Royalty and Nobility, a collaborative effort to improve the coverage of Royalty and nobility on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
 
WikiProject British Royalty (Rated C-class, High-importance)
WikiProject icon This article is within the scope of WikiProject British Royalty (a child project of the Royalty and Nobility Work Group), an attempt to build a comprehensive and detailed guide to British Royalty on Wikipedia. If you would like to participate, you should visit the project page, where you can join the project and/or contribute to the discussion.
C-Class article C  This article has been rated as C-Class on the project's quality scale.
 High  This article has been rated as High-importance on the project's importance scale.
 
WikiProject United Kingdom (Rated Start-class, High-importance)
WikiProject icon This article is within the scope of WikiProject United Kingdom, a collaborative effort to improve the coverage of the United Kingdom on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
Start-Class article Start  This article has been rated as Start-Class on the project's quality scale.
 High  This article has been rated as High-importance on the project's importance scale.
 
WikiProject Canada / Governments / Law (Rated C-class, Mid-importance)
WikiProject icon This article is within the scope of WikiProject Canada, a collaborative effort to improve the coverage of Canada on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
C-Class article C  This article has been rated as C-Class on the project's quality scale.
 Mid  This article has been rated as Mid-importance on the project's importance scale.
Taskforce icon
This article is supported by WikiProject Governments of Canada.
Taskforce icon
This article is supported by WikiProject Canadian law.
 
WikiProject British Empire
WikiProject icon This article is within the scope of WikiProject British Empire, a collaborative effort to improve the coverage of British Empire on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
 
WikiProject Commonwealth
This article is within the scope of WikiProject Commonwealth, a collaborative effort to improve the coverage of the Commonwealth of Nations on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. WikiProject icon
 
WikiProject Spain  
WikiProject icon This article is within the scope of WikiProject Spain, a collaborative effort to improve the coverage of Spain on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
 ???  This article has not yet received a rating on the project's quality scale.
 ???  This article has not yet received a rating on the project's importance scale.
 

Nature of the Prerogative[edit]

Needs a better definition, Dicey is a good start, but not the only interpretation of the Royal Prerogative. Look at Markensinis, Munro, etc. --89.21.227.114 (talk) 16:05, 15 January 2009 (UTC)

First PM to use royal prerogative[edit]

We know that in modern times the royal prerogative is exercised by the monarch on the PM's advice. But who was the first PM to advise the Sovereign on when to use them? Does this convention date back to Walpole, or is it a relatively recent convention? Lapafrax 22:19, 20 February 2007 (UTC)

My guess is that there is no answer to this question. There are of course still occasions when royal prerogative may still be exercised without advice, ie, when there is no-one to advise the Sovereign. I expect that kings such as Charles II and William III & II exercised their own judgment with advice from their ministers, and royal deference to ministerial advice increased over time. The Angel of Islington 08:31, 1 March 2007 (UTC)

Minor Royals' Criminal Record[edit]

How is the Princess Royal's criminal record relevant to the Royal Prerogative?

If it is not I will rephrase to clarify that the scope of immunity extends only to the monarch herself. —Preceding unsigned comment added by 203.181.39.143 (talkcontribs) 14:01, 7 June 2007

Crown is bound by law only in official capacity = legibus solutus in personal capacity as the Monarch. Define Crown, Define Monarch, define official and personal capacity; define convention. --89.21.227.114 (talk) 16:03, 15 January 2009 (UTC)
I think the point of this section is that agents of the Crown are essentially proxies for the Crown and so ought not to be prosecutable in that role since they are exercising the Royal Prerogative on the Monarch's behalf, using powers delegated to them. On the other hand the Crown might sue or prosecute the individual for abusing her power or whatever, or for reasons unrelated to her role as an agent of the Crown, in which case the individual is clearly distinguishable from the Crown in terms of legal identity. The Princess Royal undertakes some official duties for the Queen and so is sometimes an agent of the Crown, theoretically immune from prosecution in such capacity; but in cases like controlling her own dogs she's merely a private individual who happens to be a member of the Royal Family, so the fact she has a criminal record is unremarkable in this context. Hairy Dude (talk) 14:51, 5 June 2009 (UTC)
Oh yeah, IANAL, so don't take this at face value. I think this needs properly sourcing to establish in the article why the criminal record is noteworthy (it is, IMO, as it highlights the fact that agents of the Crown aren't always immune from prosecution). Hairy Dude (talk) 14:55, 5 June 2009 (UTC)

Category:Political terms[edit]

Since reserve power is in Category:Political terms, why wouldn't this article be in that category as well? --Ancheta Wis 11:49, 6 November 2007 (UTC)

Royal prerogative v. Reserve powers[edit]

This article states: "Though some republican heads of state possess similar powers, they are not coterminous, containing a number of fundamental differences. See reserve powers." However, no explanation or elaboration is given as to why the terms are different. Neither does the article on reserve powers, which seems to be more than happy to include a summary of the Royal prerogative in its scope.

Can anyone please elaborate on what the fundemental differences are? Many thanks... Tuckmantom (talk) 12:04, 27 January 2008 (UTC)

In 2000, PM Blair use Royal Perogative to evict islanders from the islands near the Diego Garcia (Indian Ocean) so that it could be leased to the USA as a forward base for Middle East operations in the war zone. —Preceding unsigned comment added by 206.55.156.212 (talk) 22:02, 22 October 2008 (UTC)

Artical viewpoint[edit]

This artical is very Anglo-centric. There are Royal prerogatives in other nations, and in the Spanish Constitution of 1978 these preogatives are expressly codified. Should this aritcal be renamed "Royal prerogatives (United Kingdom)" and have other articals named "Royal prerogatives (Spain)" and ect? Or should this artical be rewritten for a wider world view. In lack there of, I have summerized Spanish royal prerogatives on the Monarchy of Spain page. What guidence to does anyone offer?♦Drachenfyre♦·Talk 23:31, 24 June 2009 (UTC)

I think that the archive discussions suggest why this article has heretofore tended to focus on the UK/England: "Royal Prerogative" is not used in British history & politics as a synonym for "powers of the monarch" since most of the powers of the Crown are not considered part of the royal prerogative. Rather, "royal prerogative" seems to be used in English to mean something closer to "powers reserved by precedent or by custom to the Crown". The prerogative consists of powers that do not belong to the Crown by express grant in the constitution or law. There has been debate here on whether there survives a similar authority in other monarchies, and a suggestion was made that the term, at least, seems nowadays unique (in Western monarchies) to the UK and Commonwealth realms. Looking at Spain's current constitution, none of the powers conferred on the Sovereign in articles 62 or 63 qualify as "royal prerogative" by this definition. But Article 65(2) and parts of Articles 65(1) and 56(2) might be considered functions of the Spanish royal prerogative. And I suspect the British version is what has been written about here because that is what those writing were interested in or familiar with. If it can be documented that "royal prerogative" is the English version of an equivalent term in other languages (or if the same concept is represented by a different term that has been translated as "royal prerogative"), by all means this is the place where the royal prerogative of other monarachies should be explained, as verifiable in reliable sources. Lethiere (talk) 00:58, 25 June 2009 (UTC)
Hello! Thank you for responding!
It seems a slight nuance in definition to be sure, and I see your point. However, if not “Royal Prerogative”, what would a constitutionally codified authority of a monarch be called? Weather Spanish or UK or Netherlands, royal authority, the rights (prerogative) and authority of the monarch, did evolve along similar lines and often from similar points or legal concepts. If in the UK constitutional tradition the Royal Prerogative has been more narrowly defined as "the residue of discretionary power left at any moment in the hands of the Crown, whether such power be in fact exercised by the King himself or by his Ministers" does that then disqualify the use of the term for other monarchies when it is constitutionally codified and in active use? I have to admit some confusion. From my vantage point, "Royal Prerogative" is the "rights" of the monarch, especially if they are codified. Weather or not those rights, or how those rights are used, may be a different matter. But I admit Lethiere I may be wrong and am looking for clarity. ♦Drachenfyre♦·Talk 04:32, 25 June 2009 (UTC)

Forking UK Content[edit]

OK. I have taken the plunge and tried to split out UK content from World content. This was/is not an easy exercise and I would appreciate your patience and assistance. I have created a separate page for Royal Prerogative in the United Kingdom:

I think that was the right thing to do as there are major differences between Royal Prerogative in the UK and in for example Spain. The existing article contained a lot of detail that only applied to the UK.

Please help by editing. If any of you know about the Royal Prerogative in Canada or other countries/territories then please consider starting a separate article about these.

John Cross (talk) 11:16, 25 July 2009 (UTC)

Cleared blank space,duplicate of signature above that was here, (link removed) my fork. 72.228.177.92 (talk) 19:55, 19 February 2010 (UTC)
Link removed. AGK 00:07, 12 May 2010 (UTC)

Requested move[edit]

The following discussion is an archived discussion of a requested move. Please do not modify it. Subsequent comments should be made in a new section on the talk page. No further edits should be made to this section.

The result of the move request was: page moved. Vegaswikian (talk) 07:31, 24 November 2011 (UTC)



Royal PrerogativeRoyal prerogative

We don't upcase royal assent; there seems no reason to do so here, either: she invoked royal prerogative. Per WP:MOSCAPS ("Wikipedia avoids unnecessary capitalization") and WP:TITLE, this is a generic, common term, not a propriety or commercial term, so the article title should be downcased. Lowercase will match the formatting of related article titles. An exception is apparently made for the Queen, although this itself has been controversial (two queens in three centuries).

And here is an example of lower case. Not sure how authoritative this one is. The Guardian. This looks authoritative. Tony (talk) 07:37, 17 November 2011 (UTC)

  • Support. This one is clear on Wikipedia style grounds alone; but here is Google ngrams evidence to show the overwhelming preference for lower case in books. The search is on "by royal prerogative,by Royal Prerogative", with "by" to minimise contamination from uses in capitalised titles. NoeticaTea? 09:37, 17 November 2011 (UTC)
  • Support speedy close as non-controversial 75.37.195.231 (talk) 15:40, 17 November 2011 (UTC)
  • Weak Support Outback the koala (talk) 20:54, 19 November 2011 (UTC)
  • Comment. 10 out of 13 more or less random Acts of the Parliament of the United Kingdom and the Parliament of Northern Ireland that I looked at on Legislation.gov.uk (out of a possible 37 Acts and Instruments returned by the advanced search function) appeared not to capitalize the word "prerogative". Capitalised: [1][2][3]. Not capitalised:[4] [5][6][7][8][9][10][11][12][13]. James500 (talk) 07:05, 24 November 2011 (UTC) For the avoidance of doubt, the search function doesn't seem to discriminate against capitalization, see here, which produces the same 37 results. James500 (talk) 07:17, 24 November 2011 (UTC)
The above discussion is preserved as an archive of a requested move. Please do not modify it. Subsequent comments should be made in a new section on this talk page. No further edits should be made to this section.

Needs more explanation[edit]

From the article, there is "Individual prerogatives can be abolished by Parliament, although in the United Kingdom special procedure applies". What does it mean by "although in the United Kingdom special procedure applies"? It sounds rather obscure and I think an example of this is needed. Komitsuki (talk) 08:22, 1 January 2014 (UTC)

Common law?[edit]

It is clear that the existence and extent of the power is a matter of common law, making the courts the final arbiter of whether a particular type of prerogative exists or not.

This usage of "common law" seems to be obscure. So, does the common law in this sentence refer to the English legal system or laws that are not codified? It is rather confusing. I hope someone reword this sentence. Komitsuki (talk) 06:47, 6 July 2014 (UTC)