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During the cabinet meeting of 1st January 2004 matters relating to prerogatives were discussed. Prerogatives are defined by Dicey as "the residue of discretionary or arbitrary authority at which any given time is left in the hands on the crown".
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During the cabinet meeting of 1st January 2004 matters relating to prerogatives were discussed. Prerogatives are defined by Dicey as "the residue of discretionary or arbitrary authority at which any given time is left in the hands on the crown". In other words the discretionary powers exercisable by the Government in certain spheres where Parliament has made no provision. Historically the courts have extensively controlled the Crown by ruling upon whether a claimed prerogative power actually exists, if it does, the scope of the power.1 However, a number of cases have now established that judicial review does extend to the prerogative, and the courts may review the manner in which certain prerogatives are exercised.2 The dominating factor in determining whether the exercise of the power was the justicability of its subject matter and whether its source was the prerogative. In GCHQ (1985) Lord Roskill explained that although the prerogative was not...
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