The Use of Ministerial Powers Without Parliamentary Authority: The Ram Doctrine

Public Law, pp. 415-428, 2003

Posted: 16 Aug 2005

See all articles by Matthew Weait

Matthew Weait

University of London

Anthony Lester

Blackstone Chambers

Abstract

The article discusses the Ram Doctrine. The doctrine is based on advice set out in a memorandum in 1945 to Ministers of the Crown which states that a Minister may exercise any powers that the Crown may exercise, except in so far as the Minister is precluded from doing so, either expressly or by necessary implication. It explores the nature and limits of prerogative powers in the UK constitution, and the legitimacy of the Doctrine.

Keywords: Prerogative power, parliamentary authority, ministerial accountability, UK constitution

JEL Classification: K19

Suggested Citation

Weait, Matthew J. and Lester, Anthony, The Use of Ministerial Powers Without Parliamentary Authority: The Ram Doctrine. Public Law, pp. 415-428, 2003, Available at SSRN: https://ssrn.com/abstract=649162

Matthew J. Weait (Contact Author)

University of London ( email )

Senate House
Malet Street
London, WC1E 7HU
United Kingdom

Anthony Lester

Blackstone Chambers

London EC4Y 9BW
United Kingdom

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