Abstract
The UK Government has published a draft Fixed-term Parliaments Act 2011 (Repeal) Bill (‘the Draft Bill’),1 which is presently being given pre-legislative scrutiny by a Joint Committee of both Houses of Parliament.2 At the heart of the Draft Bill lies an enigma, which highlights the peculiarity of a Royal prerogative that continues to exist subject to statute, but which is not of itself a creature of statute. In a country without a written constitution, Sovereign power is not a creation of the legislature, although in time, it has come tacitly to be exercised by the tolerance of, and subject to the will of, Parliament. For the first time, the Draft Bill raises a question that is both of extreme theoretical interest and of potential practical importance for the future development of constitutional law and theory in the United Kingdom: if Parliament once invades an area of the prerogative—which...
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