Legal Definitions - de praerogativa regis

The Latin phrase de praerogativa regis translates to "concerning the royal prerogative." It refers to the special, inherent rights, powers, and privileges historically held by the monarch (the Crown) that do not originate from parliamentary statutes but are instead considered fundamental to their sovereign status.

In modern constitutional monarchies, while these powers are still legally vested in the Crown, they are typically exercised by the elected government ministers on the monarch's behalf, following established constitutional conventions.

Here are some examples illustrating this concept:

• Example 1: Declaring War or Peace

  Historically, a monarch possessed the inherent power to declare war or make peace with other nations without needing approval from a legislative body. This was a clear exercise of de praerogativa regis. Today, in countries like the United Kingdom, the power to deploy armed forces or enter into international conflicts still technically rests with the Crown, but it is exercised by the Prime Minister and government ministers, who are accountable to Parliament. The legal basis for such actions does not come from a specific law passed by Parliament, but from this ancient royal prerogative.

• Example 2: Issuing Passports

  The authority for a government to issue passports to its citizens is another modern application derived from the royal prerogative. There isn't a specific Act of Parliament that grants the power to issue passports; rather, it is considered an executive power of the Crown, exercised by the relevant government department (e.g., the Foreign Office or Home Office). This demonstrates a practical administrative function that flows from the inherent powers of the state, rooted in the historical authority of the monarch.

• Example 3: Granting Royal Pardons or Honors

  The power to grant pardons to individuals convicted of crimes, or to bestow honors (such as knighthoods or medals), also stems from de praerogativa regis. These actions are not governed by specific statutes but are discretionary powers of the Crown. While the monarch formally approves these decisions, the actual recommendations and decisions are made by government ministers, who advise the monarch on their exercise. This illustrates how the Crown's historical authority continues to underpin certain significant state functions, even when exercised by elected officials.