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24 Denning L.J. 1 (2012)

handle is hein.journals/denlj24 and id is 1 raw text is: The Denning Law Journal 2012 Vol 25 pp 1-19 THE GRADUAL CURTAILMENT OF THE ROYAL PREROGATIVE Noel Cox INTRODUCTION In the United Kingdom and those countries that recognise Elizabeth II as their Queen,' there are to be found certain fundamental constitutional principles. One of these is that much of the legal basis of executive power derives from the Crown,2 though this has, in the past, often been downplayed for political and other reasons. Indeed, in the Commonwealth as a whole, political independence has often been equated with the reduction of the role of the Crown to a position of subservience to the political executive.3 What remains important is the position of the Crown as an organising principle of government (the framework upon which the structure of government is built4), as a source of legitimacy, and as a symbol for permanent government. Executive power, therefore, remains based on the royal prerogative, and the 'third source' of authority (the legal powers of the legal natural person, as the Crown is a corporation aggregate), as well as upon statute law. The royal prerogative is the residue of royal power which derives from the ancient rights, privileges and powers of the Sovereign, including the prerogative of mercy, political prerogatives such as declaring war or peace, and financial prerogatives such as bona vacantia. Within the scope of the Aberystwyth University. These countries include Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Solomon Islands, Tuvalu, and the United Kingdom. 2 B V Harris The 'Third Source' of Authority for Government Action (1992) 108 Law Quarterly Review 626. For a definition of the Crown, see Janine Hayward In Search of a Treaty Partner: Who, or What, is 'The Crown?' (1995) Victoria University of Wellington PhD thesis. 3 David E Smith Bagehot, the Crown, and the Canadian Constitution (1995) 28 Canadian Journal of Political Science 623-624. 4 Recent examples include Crown Health Enterprises. 1

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