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Essay / History of the royal prerogative and the power of the...
History of the royal prerogative: Encompasses the powers held by the crown. Within the historical conception of royal prerogative, the monarchy was once considered "transmitted by God." The expression used today is "the divine right of kings", an idea expressed in an earlier era. The crown deliberated on the honors of its supporters and ordered men to form armies. At the time, the crown controlled trade and commerce, which included the power to change the course of transactions, such as closing various ports across the country and increasing/decreasing taxes on trade. The appointment of judges and magistrates was implemented by the crown and, for the courts, the crown had complete control. The king of the time was nevertheless very dependent on the loyalty of his supporters. At the time "the Magna Carta was signed in 1215, which was the first document imposed on a king by a group of his subjects, the feudal barons, in order to limit his powers by law and protect their rights. The charter of 1215 required King John of England to proclaim certain freedoms and agree that his will would not be arbitrary. Until the end of the 17th century, the crown executed and controlled real power, which led to a catastrophic disaster of this power. owned, leading to the Civil War in the 1640s, which was a defining moment in British constitutional history that led to the execution of Charles I and the rule of the Republicans for almost 11 years. In 1660, the restoration of the monarchy restored stability, but dark clouds still hung over religious concerns, until King James II gave up under threat of his...... middle of paper. .....er's Royal Hotel Ltd. "The constitutional principle is that when the power of the Executive...has been placed under parliamentary control and directly regulated by law, the Executive no longer derives its authority from the royal prerogative of the Crown but from Parliament, and that in the exercise of this power, the executive is bound to observe the restrictions which Parliament has imposed in favor of the subject”. The meaning of this quote from Lord Parmoor relates to the fact that when the royal prerogative is superseded, it generally falls under the category of statutory law. In other words, the royal prerogative cannot be used to frustrate current statutory law. In his theory, "Locke" states that the royal prerogative should be used up to the point where no law is in force and until the legislature is convened in accordance with the law of Parliament..