"It has been a positive development that, in recent times, the exercise of the royal prerogative become increasingly regulated by statute, convention and the courts". Critically discuss. Prerogative powers had played a significant part in the constitutional history of Great Britain, but in recent years their exercise and purpose have changed and adapted to modern society. These are powers once only exercisable by the monarch, whom before the signing of the Bill of Rights and the subsequent shift of power to parliament1, was head of state and feudal lord. The monarch's powers were broad but extensive at the time; it was the King's right to use powers necessary to preserve the state from enemies and manage internal feudal issues. As the role and use of these powers has changed, so has the definition of them; Blackstone described them as powers which ftthe King enjoys alone, in contradistinction to others, and not to those he enjoys in common with any of his subjects"2; a rather dated and classical view of prerogative powers. A V Dicey, however, gives a broader and more forward-thinking definition in that it is "the residue of discretionary power left at any moment in the hands of the Crown, whether such power be in fact exercised by the King himself or by his Ministers"3. Dicey seems to take into consideration societal changes and makes these powers seem less absolute. It is important to look at what prerogative powers remain and are exercised; while it is difficult to produce an exact list of prerogative powers (from the Queen's bizarre right to swans on the Thames to deploying troops), the monarch's personal prerogative powers include the appointment of a Prime Minister; immunity from taxation and prosecution; appointment of honours; granting royal assent and dismissal of government. While the monarch, as Bagehot states, has "the right to be consulted, the right to encourage and the right to warn"4, many of their powers are now formalities, controlled by constitutional convention, and much of the power lies in the hands of Government and Parliament - the monarch's role is very much customary, acting on the advice of ministers. With regards to foreign affairs, there are also prerogative powers in concluding treaties, the declaration of war and deploying troops abroad or to assist in times of turmoil to keep the peace. Many of these powers are now held to regulation and scrutiny in many ways, through statute, convention and the judiciary. 1 http://www.britpolitics.co.uk/constitutional-british-monarchy-rise-parliament 2 Blackstone quote 3 Dicey quote 4 Bagehot quote
Parliament is now one of the main sources of scrutiny and control over prerogative powers; the Public Administration Select Committee stated that "Parliament is not powerless in the face of these weighty prerogatives""fi. Acts of Parliament are the most supreme legal authority, and as a result, prerogative powers can be amended, restricted or even abolished. In the case of Attorney-General V De Keyser's Royal Hotel [1920], Lord Dunedin remarked that "if the whole ground of something which could be done by the