Analysis of Administrative and Constitutional Law Cases

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Technically, the actual appointment of the Prime Minister is a royal prerogative exercised by the Queen or the Attorney General. In Laker Airways Ltd v Dept of Trade3 Lord Denning defined the prerogative as a discretionary power exercisable by the executive government in cases such as the war prerogative or the treaty prerogative4 in which case, the law does not interfere with the exercise of the prerogative5 by the official concerned, since it can only be modified by Parliament itself. However, he also clarified that the law can set limits on the exercise of the prerogative, especially if it is exercised improperly or mistakenly. That is the fundamental principle of our Constitution.The question that arises, in this case, is whether the Queen can exercise the royal prerogative in declining to appoint Griscall since he is the leader of the party that has won the greatest number of seats and therefore entitled to the post of Prime Minister. The Queen is obliged to appoint him. However, the proposals to repeal the Human Rights Act, Freedom of Information, etc constitute a potential violation of individual human rights. The proposed active encouragement by Government of discrimination as well as martial law, etc will constitute further infringements of individual liberties, which may be opposed by the judiciary The need to preserve individual rights are also recognized and addressed in the Constitutional Reform Act of 2005, which aims to strengthen democracy and enhance the credibility of public institutions.7 The Constitutional Reform Act of 2005 is a response to the growing imbalance in the power of the executive, which is taking on quasi-judicial functions.7a On the basis of these concerns, the Queen may exercise the royal prerogative against Driscoll.Another aspect that may be considered by the Queen is the fact that the new Government will have to present its legislative program to Parliament in the Speech from the throne.7b During this session, Griscall will have to present his proposals to repeal the acts that guarantee individual freedoms and human rights in the U.K.