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38 - Prerogative

from Part III. B - The Executive

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

To examine prerogative is to reflect on how constitutions recast and reshape the story of their own creation. I argue that the term ‘prerogative’ specifies the rudimentary command function that underpins all constitutional order - or, more precisely, what remains of that command function once institutions of law and government have developed and stabilised around it. So understood, the central question becomes how best to understand the place of prerogative within the order of rules that the constitution provides. One answer presupposes the existence of a ‘sovereign prerogative’, that is, an ‘original’ authority inherent to government that is prior to and in some sense superior to law. I show how this model fails analytically and normatively. Another answer constructs prerogative as a set of general executive powers that are derived, enumerated and limited (‘constitutional prerogative’). This second model brings conflicting sources of normative authority into conceptual alignment. While this configuration does much to prohibit recourse to open-ended discretion - so reducing the likelihood of arbitrariness and disruption that tends to result from its exercise - it does not in itself prevent the rise of a prerogative disposition among ruling elites and their client groups.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

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Meinecke, F. (1957). Machiavellism: The Doctrine of Raison d’État and Its Place in Modern History. Translated by D. Scott. Introduction by W. Stark. London: Routledge.Google Scholar
Naudé, G. (2020). Political Considerations upon Refin’d Politicks, and the Master-Strokes of State. Translated by W. King. Edited by Watson, K.. Independently published.Google Scholar
Plato, (1992). Statesman. Translated by J. B. Skemp. Edited by Ostwald, M.. Indianapolis and Cambridge: Hackett Publishing.Google Scholar
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  • Prerogative
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.044
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  • Prerogative
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.044
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Prerogative
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.044
Available formats
×