CONSTITUTION & ADMINISTRATIVE LAW Coursework Example | Topics and Well Written Essays - 1000 words

CONSTITUTION & ADMINISTRATIVE rectitude - Coursework ExampleHe argues that they are indeed acts of necessity, which the government performs in sudden and extreme emergency, especially when it is in the public interest to do so. This essentially contradicts Diceys understanding of the royal prerogative. This is so considering that the authority of war, which is generally, one of the significant powers of the prerogative, would anyway be an exception.The above differences in bloodline, therefore, call for reexamination into some other theories in order to understand the significance of the royal prerogative2. In Attorney General v DE Keysers magnificent Hotel Ltd , Lord Parmoor said that a right whitethorn be common to the rulers and the subjects nevertheless, that does not qualifies it to be a prerogative right. Instead, he argued that Royal prerogative means a privilege in the executive that may be of an exclusive and a special character. Similarly, Blackstone concurs that the p rerogative covers those actions that no person or institution other than the executive may undertake3. Among prerogatives contemplated in this explanation include the making of treaties and the deployment of armed forces.However, it is observable that the Blackstones argument contradicts the judicial reasoning as to what the prerogative is. To shed more light on this, an examination of the encase of R v Criminal Injuries Compensation Board, Ex parte Lain will be of help. In this case, the board that was to study and make recommendation on the compensation to victims of violence through ex gratia payments, was appointed by the executive4. The anchor issue here is that the board was set up by the executive in disregarded the concord between the Judiciary and the applicant. Clearly the prerogative act was used in doing this, arguably though, giving come out money to the victims of violence is not such unique to deserve direct action of the executive.Moreover, Wade an administrativ e theorist agrees with the arguments of Dicey and Blackstone albeit at