Skip to content
Paper 2 · The Executive · Prerogative powers

The royal prerogative and its decline

The executive's historic prerogative powers - war, dissolution, treaties - have been steadily curbed by convention and the courts, then partly restored. The exam question: have prerogative powers been significantly curtailed?

The arc at a glance

2003War-powers convention
2010Treaty oversight
2011Dissolution removed
2013Convention bites
2017Article 50 curbed
2019Prorogation curbed
2022Dissolution restored

Click any step to jump to it - the lit step is the one showing below. Steady curbing of the prerogative, then a single restoration. Green = strengthened or expanded · Amber = mixed or contested · Red = weakened or curbed.

The timeline

1 / 7

Timeline tucked away while you test yourself. Close the quiz to bring it back.

2003

What happened. The Blair government put military action in Iraq to a Commons vote; 139 Labour MPs voted against (the largest backbench rebellion in over 150 years).

What it shows. Established the convention that the Commons votes before troops are deployed - the war prerogative curbed. War-powers convention

2010

What happened. The Constitutional Reform and Governance Act 2010 put treaty ratification on a statutory footing: ministers still negotiate and sign under the prerogative, but ratification now needs Parliament.

What it shows. The treaty-making prerogative curbed by a formal parliamentary role. Treaty oversight

2011

What happened. The Fixed-term Parliaments Act 2011, a coalition measure, set five-year terms and removed the PM's power to call an election at will.

What it shows. The dissolution prerogative stripped from the executive. Dissolution removed

2013

What happened. The Commons voted 285-272 against military action in Syria - the first government defeat on military action since 1782.

What it shows. The war-powers convention has real teeth - the prerogative to deploy was checked. Convention bites

2017

What happened. In Miller 1, the Supreme Court ruled 8-3 that the government could not use the prerogative to trigger Article 50 without an Act of Parliament.

What it shows. The prerogative cannot be used to override rights granted by statute. Article 50 curbed

2019

What happened. In Miller 2, the Supreme Court ruled 11-0 that Boris Johnson's five-week prorogation of Parliament was unlawful.

What it shows. The courts will strike down prerogative use that frustrates Parliament. Prorogation curbed

2022

What happened. The Dissolution and Calling of Parliament Act 2022, under Boris Johnson, repealed the FTPA and returned the power to dissolve Parliament to the prerogative.

What it shows. The only clear reversal - a prerogative power handed back to the executive. Dissolution restored

Roll up and down: use the arrows, scroll or swipe inside the box, the up and down keys, or click any step in the arc above.

The account: what changed?

The long direction is curbing. From 2003 a war-powers convention took hold: the Commons expects a vote before troops are deployed, confirmed when it defeated the government over Syria in 2013 - the first such defeat since 1782. The Constitutional Reform and Governance Act 2010 gave Parliament a role in treaty ratification.

The courts joined in. Miller 1 (2017) blocked the use of the prerogative to trigger Article 50, and Miller 2 (2019) struck down an unlawful prorogation. The Fixed-term Parliaments Act 2011 had already removed the dissolution prerogative from the PM.

But the FTPA story shows the limit of all this. It was repealed in 2022 by an ordinary Act, handing the dissolution prerogative straight back. Without entrenchment, a curb on the prerogative is as easily undone as it was made.

The judgement line: Prerogative power has been steadily curbed since 2003 by convention and by the courts, but the 2022 restoration of the dissolution prerogative shows these limits are reversible rather than entrenched - the curtailment is real but not secure.
Turn it into an essay: which dates argue which way

The same events split by side. Build each paragraph around one point from each column, then judge.

Prerogative powers have been curtailed

  • 2003 / 2013 The war-powers convention now constrains deployment (Iraq vote, Syria defeat).
  • 2010 / 2011 CRaG gave Parliament a treaty role; the FTPA removed the dissolution power.
  • 2017 / 2019 Miller 1 and 2 - the courts curbed the Article 50 and prorogation prerogatives.

The curbs are reversible, not secure

  • 2022 The Dissolution Act handed the dissolution prerogative straight back.
  • Convention, not law - the war-powers convention has no statutory force.
  • Treaties are still negotiated and signed under the prerogative; only ratification is statutory.

The FTPA cycle is the whole argument in miniature: a curb created in 2011 and undone in 2022 shows curtailment is real but never entrenched.

Quick check: ten questions
Question 1 / 10Score 0
Use it in the 30-marker

For "Evaluate the view that prerogative powers have been significantly curtailed", this timeline gives both sides. The war-powers convention, CRaG, the FTPA and the Miller cases argue the prerogative has been curbed; the 2022 restoration and the fact that conventions are not law argue the curbs are reversible. End each paragraph with an interim judgement.

Keep the cases precise: Iraq vote 2003, CRaG 2010, FTPA 2011, Syria defeat 2013, Miller 1 2017, Miller 2 2019, Dissolution and Calling of Parliament Act 2022.

See how prerogative powers shape the strength of the PM.
Open the PM power walk-through →