Executive Power and the Royal Prerogative in the Commonwealth

The royal prerogative is one of the most enduring yet enigmatic institutions of public law, surviving in disparate forms across the Commonwealth. Despite common origins, there is no longer a single model of the royal prerogative; rather, prerogative power has been remade differently across Commonwealth jurisdictions. 

In an era when there is a renewed focus on executive power, driven by war, terrorism, emergency governance, and increasingly the grey zone between peace and conflict, the limits and accountability of the Crown’s power to commit forces, conduct foreign policy, or direct intelligence operations have become sites of public and legal scrutiny.

Prepared by leading scholars and practitioners from across the Commonwealth, this important collection examines the prerogative’s evolution, persistence, and fragmentation, providing national case studies, conceptual analyses, and doctrinal insights. Collectively, it offers the first comprehensive comparative treatment of the prerogative in the post-colonial era.

Features

• Topical content on an area of increasing constitutional importance

• Provides direction for the development of policy in this area

• Gathers authoritative content from leading experts with high impact in this area of law

• Provides a comparative perspective across the Commonwealth

Related Titles

• Bateman et al, Hanks Australian Constitutional Law: Materials and Commentary, 11th edition

• Hanks et al, Constitutional Law in Australia, 5th edition

• Stephens & Stubbs (eds), The Law of Naval Warfare

• Trone, Lumb, Moens & Trone The Constitution of the Commonwealth of Australia Annotated, 10th edition

• White, Keeping the Peace of the Realm