Daniel Skeffington and Philippe Lagassé: Principle, Practice, and Prerogative – UK Constitutional Law Association

‘It remains commonplace, both in political and public law discourse, to describe the Royal Prerogative as archaic or anachronistic. Executive power in the United Kingdom may begin with the Crown, but even the most venerated constitutional historians have long thought “the Crown” is a convenient cover for ignorance. Much like the sovereignty of Parliament, the more one explores its foundations, the more one suspects the bedrock will turn out to be quicksand. As the residue of the Crown’s discretionary authority, exercised by Ministers by convention without formal or legal restraint, it has been said prerogative remains difficult to translate into the modern era, precisely because it derives from the sixteenth century. A space devoid, on some accounts, of legality itself.’

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UK Constitutional Law Association, 23rd May 2024

Source: ukconstitutionallaw.org