The Sources of Crown Power

Powers exercised … the Crown derive from three sources: statute, private law and the royal prerogative. Powers exercisable by other government bodies derive only … statute, except in the case of the police who have common law powers. Statutory powers make … the bulk of Crown powers and are usually conferred directly … individual ministers. The Crown also has inherent prerogative powers which are peculiar … itself. In practice these are also exercised by ministers. In addition the Crown is recognised as a person … the common law and so has the same capacity to make contracts, own property, etc. as a private individual. This has been described as the 'third source' of powers exercised by the Crown (see Harris, 1992). By contrast, public bodies such as local authorities that are creatures of statute can only do what statute authorises and cannot rely … the ordinary law. 

b) Supply the correct derivatives of the words in the right column

There is a … controversy about which powers are properly regarded as prerogative powers. Despite the … of prerogative powers, many questions about them are … . Does the prerogative comprise a single over-arching power to act for the public good of which particular powers are but facets, or is there a finite number of prerogatives the existence and scope of which are not … settled? This is a profound question because a general power is inevitably more … than a group of more … defined powers. That such questions are possible in the late twentieth century shows how such ill-defined powers, many of which are medieval in origin, exist … alongside the more modern constitutional fundamental of the rule of law.

linger antique resolve (negative) final permit, strict uneasy

TASK VI Arrange the paragraphs of the following text in some logical order:

Private law powers

1. In this connection Daintith has distinguished between imperium powers and dominum powers. Imperium powers are usually backed by force, for example police powers of arrest. Dominum powers exist by virtue of property and wealth and usually depend upon rewards and incentives.

2. For example, to all intents and purposes a government contract has the force of law to a body such as a road-building firm or a defence contractor whose livelihood depends upon pleasing the government. Through contracts and the dispersal of money the government can impose its will, for example about wage levels or 'privatisation', without the need to obtain powers from statute.

3. Before looking at the Royal Prerogatives which are peculiar to the Crown we should discuss the Crown's 'private law' powers. Because the Crown is a very wealthy person and a prolific consumer of labour and materials, its private law powers are an important aspect of its political power.

4. Parliament can in principle supervise Crown contracts. However, some matters, notably defence contracts, are by convention excluded from Parliamentary questions. Receipts from Crown enterprises are treated as monies provided by Parliament and payments made by the Crown must be authorised in the Annual Appropriation Act, though this is usually in general terms not related to specific contracts. It is sometimes said that a Crown contract cannot be enforced at all unless the money is authorised by Parliament. This does not affect legal liability as such. It means that money due cannot lawfully be paid out.

5. It could be argued that the distinction between dominium and imperium power is artificial since the wealth on which the dominium powers depend ultimately comes from forcible confiscation of property through taxation. On the other hand, in terms of the law itself the distinction is very important because it affects the scope of parliamentary accountability and judicial review.

NOTES

Imperium - The right to command, which includes the right to employ the force of the state to enforce laws. This is one of the principal attributes of the power of the executive.

Dominium - In the civil and old English law, ownership; property in the largest sense, including both the right of property and the right of possession or use. The right which a lord had in the fee of his tenant.

Appropriations act -  An act that authorizes governmental expenditures.

TASK VII. Complete the following sentences using each adverb once only:

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