5. The Royal Prerogative and Constitutional Conventions

Abstract

This chapter reviews the royal prerogative and constitutional conventions, and the relationship between these two sources of constitutional rules. The first section identifies the various types of prerogative power and explores recent examples where these such powers have been placed on a statutory basis, as well as proposals to reverse this process, such as by repealing the Fixed-term Parliaments Act 2011 and reviving the royal prerogative. It also examines attempts to codify constitutional practice, including the Crown’s personal prerogative of the appointment of the Prime Minister in the Cabinet Manual, and the interaction between prerogative and statute in the courts. The second section of the chapter explores constitutional conventions as a source of the constitution, their relationship with law, and their nature as rules of political behaviour. It considers the treatment of conventions in the courts, whether they can obtain legal force, and the feasibility and desirability of codifying conventions. The important connections between the royal prerogative and constitutional conventions are analysed at various points throughout the chapter.