
Royal Law
Prerogative Foundations
Robert Craig(Author)
Hart Publishing
Published on 15. May 2025
Book
Hardback
288 pages
978-1-5099-6595-3 (ISBN)
Description
This book argues that prerogative powers encompass all the non-statutory powers of the Crown. Hence the Crown has no 'third source' powers, common law powers or 'Ram doctrine' style freedoms.
Royal Law builds on Dicey's definition of the prerogative, arguing that it comprises all residual non-statutory rights, powers, duties, and immunities historically ascribed to the Crown. However, it contends that Blackstone's alternative definition, that prerogative powers are only those powers exclusive to the Crown, is also correct. The book explains how Dicey and Blackstone can be reconciled.
The prerogative of justice is suggested as the original source of legal authority and legitimacy of common law judicial decisions. Common law is, or was, royal law. Defined as a putative non-statutory, non-prerogative third source of judicial legitimacy, authority or jurisdiction, 'common law' does not exist. There are only two ultimate sources of jurisdictional authority: statute and prerogative.
The book further argues that Wade was mistaken to contend that the Crown has 'common law powers'. It also has no 'third source freedoms', as suggested by Harris, or in the 'Ram Doctrine'. The book therefore reframes the relevant case law as examples of judicial regulation of prerogative powers, crucially including the largely-forgotten prerogative power to administer the realm. Hence the book concludes that legal powers such as a minister's power to enter contracts or make ex gratia payments of public money, are directly or indirectly grounded in prerogative power.
Royal Law builds on Dicey's definition of the prerogative, arguing that it comprises all residual non-statutory rights, powers, duties, and immunities historically ascribed to the Crown. However, it contends that Blackstone's alternative definition, that prerogative powers are only those powers exclusive to the Crown, is also correct. The book explains how Dicey and Blackstone can be reconciled.
The prerogative of justice is suggested as the original source of legal authority and legitimacy of common law judicial decisions. Common law is, or was, royal law. Defined as a putative non-statutory, non-prerogative third source of judicial legitimacy, authority or jurisdiction, 'common law' does not exist. There are only two ultimate sources of jurisdictional authority: statute and prerogative.
The book further argues that Wade was mistaken to contend that the Crown has 'common law powers'. It also has no 'third source freedoms', as suggested by Harris, or in the 'Ram Doctrine'. The book therefore reframes the relevant case law as examples of judicial regulation of prerogative powers, crucially including the largely-forgotten prerogative power to administer the realm. Hence the book concludes that legal powers such as a minister's power to enter contracts or make ex gratia payments of public money, are directly or indirectly grounded in prerogative power.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 20 mm
Weight
602 gr
ISBN-13
978-1-5099-6595-3 (9781509965953)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Robert Craig is Senior Lecturer in Law at the University of Bristol, UK.
Content
1. Introduction
Part I: Royal Prerogative
2. Prerogative Foundations
3. Refining the Definition of Prerogative
4. Can Prerogative Affect the Common Law?
5. Constitutional Architecture
Part II: The Crown
6. The Crown and Common Law
7. Prerogatives are Exclusive to the Crown
8. Crown Proceedings Act 1947
Part III: 'Third Source'
9. The Myth of Third Source Powers
10. Reframing Third Source Case Law I: Judicial Review of Prerogative
11. Reframing Third Source Case Law II: Prerogative and Statute
12. Conclusion
Part I: Royal Prerogative
2. Prerogative Foundations
3. Refining the Definition of Prerogative
4. Can Prerogative Affect the Common Law?
5. Constitutional Architecture
Part II: The Crown
6. The Crown and Common Law
7. Prerogatives are Exclusive to the Crown
8. Crown Proceedings Act 1947
Part III: 'Third Source'
9. The Myth of Third Source Powers
10. Reframing Third Source Case Law I: Judicial Review of Prerogative
11. Reframing Third Source Case Law II: Prerogative and Statute
12. Conclusion