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GRADUATE DIPLOMA IN LAW CONSTITUTIONAL LAW & ADMINISTRATIVE LAW Coursework Title Lord Frazer in the GCHQ case explained the past position of the courts in relation to the prerogative as follows - ''As De Keyser's case shows, the courts will inquire into whether a particular prerogative power exists or not and if it does exist, into its extent. But once the existence and extent of a power are established to the satisfaction of the court, the court cannot inquire into the propriety of its exercise.'' (Lord Frazer - Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374) Discuss the reasons for this limited judicial control of the prerogative in the past and critically assess the approach finally adopted in the GCHQ case and subsequently. Royal Prerogative derives from common law and they are not from statutes. By origin, royal prerogatives are attributes which of necessity inherent in...

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