The author examines the evolution of the constitutional order of the United Kingdom by examining the evolution of royal prerogative powers starting from the study of the most relevant constitutional conventions that regulate the relations between the Monarch, the Government and the Parliament. He highlights how, more recently, the transformations of the English Constitution have been realized through legislative reforms of the Parliament that have regulated some aspects of the Constitution first regulated by the conventions. In particular, more recently, two reforms have influenced the balance of relations between the executive power and the Parliament. This is the change of the House of Lords and the power of dissolution of the House of Commons. At the same time there has been a strong limitation of the powers of prerogative by case law, as happened in the Miller case. The reform of the power of dissolution of the House of Commons, no longer exercisable by the Monarch on the discretionary advice of the Prime Minister, the greater recourse to coalition governments and the new legitimacy of the House of Peers. It also seems to be inferred from the recent institutional events concerning Brexit. In any case, it will be necessary to look at the practical application that will receive the Fixed-Term Parliament Act of 2011 and it is not certain that these reforms are destined to last seem to limit the Prime Minister's role in the Parliament.

Evoluzione del modello Westminster ed equilibrio dei rapporti tra Governo e Parlamento nell’ordinamento britannico attraverso la lente della “royal prerogative” / Pagano, F. - In: RIVISTA DI DIRITTI COMPARATI. - ISSN 2532-6619. - 2(2019), pp. 78-144.

Evoluzione del modello Westminster ed equilibrio dei rapporti tra Governo e Parlamento nell’ordinamento britannico attraverso la lente della “royal prerogative”

Pagano F
2019

Abstract

The author examines the evolution of the constitutional order of the United Kingdom by examining the evolution of royal prerogative powers starting from the study of the most relevant constitutional conventions that regulate the relations between the Monarch, the Government and the Parliament. He highlights how, more recently, the transformations of the English Constitution have been realized through legislative reforms of the Parliament that have regulated some aspects of the Constitution first regulated by the conventions. In particular, more recently, two reforms have influenced the balance of relations between the executive power and the Parliament. This is the change of the House of Lords and the power of dissolution of the House of Commons. At the same time there has been a strong limitation of the powers of prerogative by case law, as happened in the Miller case. The reform of the power of dissolution of the House of Commons, no longer exercisable by the Monarch on the discretionary advice of the Prime Minister, the greater recourse to coalition governments and the new legitimacy of the House of Peers. It also seems to be inferred from the recent institutional events concerning Brexit. In any case, it will be necessary to look at the practical application that will receive the Fixed-Term Parliament Act of 2011 and it is not certain that these reforms are destined to last seem to limit the Prime Minister's role in the Parliament.
royal prerogative, Miller case, Fixed-Term Parliament Act of 2011
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11385/191059
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