Royal Law

Prerogative Foundations

Robert Craig (University of Bristol, UK)

$180

Hardback

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English

Hart Publishing
15 May 2025

Laws of Specific jurisdictions; Constitutional & administrative law

This book argues that prerogative powers encompass all the non-statutory powers of the Crown. Hence the Crown has no 'third source' powers, common law powers or 'Ram doctrine' style freedoms.

Royal Law builds on Dicey's definition of the prerogative, arguing that it comprises all residual non-statutory rights, powers, duties, and immunities historically ascribed to the Crown. However, it contends that Blackstone’s alternative definition, that prerogative powers are only those powers exclusive to the Crown, is also correct. The book explains how Dicey and Blackstone can be reconciled.

The prerogative of justice is suggested as the original source of legal authority and legitimacy of common law judicial decisions. Common law is, or was, royal law. Defined as a putative non-statutory, non-prerogative third source of judicial legitimacy, authority or jurisdiction, 'common law' does not exist. There are only two ultimate sources of jurisdictional authority: statute and prerogative.

The book further argues that Wade was mistaken to contend that the Crown has 'common law powers'. It also has no 'third source freedoms', as suggested by Harris, or in the 'Ram Doctrine’. The book therefore reframes the relevant case law as examples of judicial regulation of prerogative powers, crucially including the largely-forgotten prerogative power to administer the realm. Hence the book concludes that

legal powers such as a minister's power to enter contracts or make ex gratia payments of public money, are directly or indirectly grounded in prerogative power.

By: Robert Craig (University of Bristol UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509965953
ISBN 10: 1509965955
Pages: 288
Publication Date: 15 May 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

1. Introduction 2. Dicey, Blackstone and the Prerogative of Justice 3. Refuting Wade: Royal Prerogative as a Separate Legal Domain 4. Royal Prerogative and the Common Law 5. The Myth of Third Source Powers 6. The Abeyance Principle and the Frustration Principle 7. The Myth of Third Source Powers: Reanalysing Case Law 8. Conclusion

Robert Craig is Senior Lecturer in Law at the University of Bristol, UK.