How do courts determine whether a particular Royal prerogative exists? Watch

Penelope21
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Report Thread starter 12 years ago
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I can't find the answer to this anywhere. It just states that they do and that they have done for a long time, but I can't seem to find how they do it. Can anyone help me? :confused:
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Phonicsdude
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#2
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It is a customary practice. There is no statute that says here are the Royal Prerogatives. Indeed there is much debate about the scope of the Royal Prerogative.
If you want to know what the Royal Prerogatives are the House of Lords decision in the GCHQ case is packed full of such discussion.
CCSU v. Sec of State.
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Penelope21
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But how do they decide which ones exist and don't? Is there a test that they apply, is it relativeness?
I can't find any documents or releases which explain the process of determining which ones exist and which ones don't.
Thanks for your help Phonicsdude.
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Lewisy-boy
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There's like a list basically of what is a royal prerogative and what isn't, they've pretty much thrashed it out over the years... lol it's a common law jurisdiction, there are many things you wont find codified, we don't have a civil code . Courts discretion on the matter im afraid.
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