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Dicey defined the prerogative as "nothing else than the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown" - Consider the elements of this definition.
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Dicey defined the prerogative as "nothing else than the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown". Consider the elements of this definition and give particular attention to the question of whether the prerogative can be examined by the courts like any other discretionary power of the Crown. The term 'royal prerogative' is suitably attributed to those legal capacities vested in the Crown at common law. The prerogative applies to those immunities enjoyed by the monarch and the powers that are implemented on the Queen's behalf by her ministers - today, the monarch's role being little more than the result of political tradition and constitutional conventions. However, in theory, there is no need for parliamentary sanction or even consultation: but, in practice, without legislation from parliament the execution of the prerogative is virtually impossible, e.g. in war - deployment of...
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