ככ1
16:14
DIRECTOR OF ADM.
952 877 0803
P.25
فون
expressing the will and intention of the king and of the three estates of the realm, ls Masseu, aoridyes the Royal Prerogative
nile it 15 an force to this extent: that the Crown can only do the particular thinų under chu in accordance with the statutory provisions, and that its prerogative power to co that thing is in abeyance. Micnever moge of expression we used, the result intended to De indicated 15, think, the same namely,
that after the statute nas seen passed, and while it is in force, the thing it empowers the Crown to uo can thenceforth only we uone by and under the statute, and subject to all sne limitations, restrictions and conditions SY 1 t Imposed, nowever unrestricted the kuyal Prerogative may theretofore have seen
Lord Sumner's speech included the following passage at
:
that
P
now
"The appellant further contenueu that all that nas cone could ce cone, end was cone, Independently of any statute, by virtue of the royal Prerogative alone. I do not think "ne precise extent of the preroyative need we dealt with. The legislature. Dj appropriate enactment, can deal with such subject matter as that now in question in such u way as to apate such portions ci the prerogative as apply to it. It seems also to De obvious that enactments may have this effect, provided they directly deal with the subject matter, even thouyn they enact a modus operanoi for securing the desired result, which is nut the same as that vi the prerogative. I f d
statute merely recorded
existing inherent powers, notulny would be yalned by the enactment, for nothing would be added to the existing law. There is no úvject in dealing y statute with the same suoject matter as is already dealt with by the prerogative, unless it pe either to limit or at least to vary its exercise or to provide an additional mode of attaining the same object."
In Laker Airways Ltd. v. Department of Trade (1977; 1 23 643 (CH) Roskill, L.J., as he then was, cited these passages ut pp. 719-721 when discussing the principles to be applied when the court has to determine whether prerogative Power nas ceen fettered by statute. de also cited from the