The Politics Shed- A Free Text Book for all students of Politics.
These are powers that historically belonged to the Crown, but which over time have been transferred to the prime minister or other ministers. Many of these are not properly defined. They are not set out in statutes but are based largely on the practice of previous governments. Therefore they are part of Common Law. The main prerogative powers that still exist today are the powers to:
Both Gordon Brown's Labour government (2007-10) and the coalition government (2010-15) were open to the idea of placing some prerogative powers under parliamentary authority.
Two powers have been abolished or reformed.
· The 2011 Fixed Term Parliaments Act removed the right of the prime minister to determine the date of the general election.
· Since the parliamentary debate on the Iraq War in 2003, and the 2013 debate on air strikes in Syria, governments have accepted that military action requires prior parliamentary approval. In case of an emergency, the government retains the right to deploy troops and then to secure approval afterwards.
How Significant are prerogative powers?
Deploying troops abroad is a significant power. UK leaders do not officially need Parliament's OK for these actions. They also don't need approval for extra funds.
Prime ministers have total freedom to pick who is in their government. Unlike the US President, whose cabinet choices need Senate backing, the UK has no such rule. The House of Lords allows the PM to pick ministers without an election mandate.
During national emergencies, the government, especially the prime minister, speaks to the public. They use broadcasts, speeches, and social media. Millions tuned in when Boris Johnson discussed lockdown rules in the COVID-19 crisis.
The executive plays a crucial part in negotiating treaties and agreements with other nations in areas such as trade and defence, without these normally being subject to direct parliamentary approval.
However
By convention, recent overseas military actions have faced a House of Commons vote. This happened with the Gulf Wars and air attacks on Syria and Iraq.
Prime ministers do face limits when choosing ministers. They must form a cabinet with varied backgrounds. It needs members from different parts of the ruling party. Theresa May, for instance, included both Remainers and Brexiteers. Few cabinet members come from the Lords.
The government and prime minister also need Parliament to pass laws. This includes measures like anti-terror laws. The opposition will closely watch and critique the government's emergency plans.
Brexit shows how limited prerogative powers can be. A Supreme Court ruling forced the prime minister to submit any Brexit deal before parliament.
In addition, even in foreign policy and diplomacy, the government is indirectly influenced by parliament, the media and public opinion.