Prerogative Powers

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.

Prime Ministers can exercise numerous Royal Prerogative powers, which are residual historical powers of the Monarch now exercised by the executive on their behalf and generally without direct parliamentary approval.

Key examples of the Prime Minister exercising Royal Prerogative powers include:

Deploying the Armed Forces: The Prime Minister (or Cabinet) has the power to deploy the UK's armed forces into armed conflict overseas. A notable recent example was when Theresa May authorised airstrikes in Syria in April 2018 without a prior parliamentary vote, although a convention of seeking a Commons vote has emerged since the 2003 Iraq War.
Conducting Foreign Policy and Making Treaties: The Prime Minister and the Government have the power to negotiate, sign, and ratify international treaties and agreements, and to conduct diplomacy, without requiring explicit parliamentary approval (though treaties must be laid before Parliament for 21 days under the Constitutional Reform and Governance Act 2010).
Appointing and Dismissing Ministers: The Prime Minister has the power to appoint and dismiss all other government ministers and to determine the composition of the Cabinet.
Granting Honours and Peerages: The Prime Minister advises the Monarch on the conferral of most honours and life peerages (appointments to the House of Lords), except for a few within the Monarch's personal gift.
Issuing and Revoking Passports: The government exercises the power to issue and withdraw passports, such as the widely publicised case of Shamima Begum's passport being revoked in 2019.
Granting Pardons and Clemency: The Prime Minister or relevant ministers can recommend the use of the "prerogative of mercy" to grant pardons or reduce sentences for criminal offenders.
Organising the Civil Service: The Prime Minister is the Minister for the Civil Service and holds powers relating to its management, including the appointment and removal of senior civil servants.
Calling a General Election: The Dissolution and Calling of Parliament Act 2022 restored the Prime Minister's power to request the Monarch to dissolve Parliament and call a general election at a time of their choosing (within the legal maximum of five years between elections).

Some examples of recent Prime Ministers using Royal Prerogative powers

Deploying armed forces: E.g. Theresa May in Syria (2018).
Appointing government ministers: E.g. Boris Johnson appointing Liz Truss as Foreign Secretary (2021).
Reorganising government departments: E.g. Theresa May created the ‘Department for Exiting the European Union’ in 2016; Boris Johnson dissolved it in 2020 after Brexit.
Appointing Peers to the House of Lords: E.g. Boris Johnson made Evgeny Lebedev a peer despite concerns from MIS5 that said his links to the Russian government made him a serious security risk.
Calling a General Election: E.g. Rishi Sunak announced the dissolution of Parliament and the calling of a new election on the 22nd May 2024.
Recognising foreign governments: E.g in September 2025 Keir Starmer announced that the British Government would recognise the State of Palestine.