Invoked Royal Prerogative

Dragutin made this Freedom of Information request to Privy Council Office

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Dear Privy Council Office,
Please provide the list of instances for the last 30 years for the Royal Prerogative being invoked allowing the Government to bypass Parliament and the Courts
Yours sincerely

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Sarah KennedyGood,

Dear Mr Popovic,
Thank you for your email of 25 February 2019 to the Privy Council Office
about the exercise of the Royal Prerogative. I am replying as an official
of the Cabinet Office with responsibility for this subject. 
Your original request was made as a Freedom of Information request,
however, I felt it would be useful to explain our understanding of the
operation of the Royal Prerogative because, as set out below, we do not
agree that it is used to bypass Parliament and the courts. 
The scope of the Royal Prerogative power, or the residual power inherent
in the Sovereign, has evolved over time. Originally the Royal Prerogative
would have been exercised by the reigning Sovereign. In modern times,
however, Ministers exercise the bulk of the prerogative powers, either in
their own right or through the advice that they provide to the Queen,
which she is constitutionally bound to follow. When exercising their
prerogative powers, Ministers are accountable to Parliament and subject to
the scrutiny of the courts.
Parliament has a number of roles in respect of the prerogative. As
mentioned above, Ministers are accountable to Parliament for the exercise
of their prerogative powers. Parliament can also scrutinise the exercise
of prerogative powers through approval of expenditure. In addition,
Parliament has played an important role in clarifying and limiting the
extent of the prerogative and, in some cases, abolishing it. Examples
include the Civil Contingencies Act 2004, which covers the majority of
situations where the Government might have previously exercised its
prerogative power in times of emergency to enter upon, take and destroy
private property; and the Fixed-term Parliament Act 2011, which displaced
the former prerogative power to dissolve Parliament.
The role of the courts in determining the existence and extent of the
prerogative from time to time can also be a significant control on the
prerogative. Court rulings have in the past restricted the circumstances
in which prerogative powers can be used; determined when prerogative
powers are subject to judicial review; and established how statute law
interacts with prerogative powers. 
I trust this has helped explain the relationship between the Government’s
exercise of its prerogative powers, and the role of the two other branches
of government in clarifying, determining and limiting the extent of the
prerogative, and holding the executive branch of government to account. 
Thank you for taking the time to write about this important matter. 
Yours sincerely
Sarah Kennedy-Good
Policy Advisor

Sarah Kennedy-Good

Policy Advisor, Constitutional Policy Team,
[1]CO.JPG [2]image003 Constitutional Settlement Division - part of the UK
Governance Group

E: [3][email address]  

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Dear Sarah KennedyGood,
I have asked for the record of the instances Government or those in Government have bypassed the Parliament and the Courts and invoked Prerogative .
To narrow it down the record should only include instances of International Affairs related to British Territories.
Yours sincerely,

Sarah KennedyGood,

I work on Mondays, Tuesdays and Wednesdays. If you need assistance outside
of these days, please contact Fern Leathers
at [1][email address]. Thank you.


Sarah Kennedy-Good

Policy Adviser, Constitutional Policy Team,
[2]CO.JPG [3]image003 Constitutional Settlement Division - part of the UK
Governance Group

E: [4][email address]  T: 020
271 8504


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FOI Team Mailbox,



Thank you for your request for information. Your request was received
on 18/03/19 and we are considering if it is appropriate to deal with under
the terms of the Freedom of Information Act 2000.

This email is just a short acknowledgement of your request.

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Yours sincerely,

 Knowledge and Information Management Unit

Cabinet Office

E: [2][email address]


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Please find attached the reply to your FOI request







FOI Team

Room 405

70 Whitehall,

London, SW1A 2AS

E-mail -[1][email address


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