[citation needed] In the Commonwealth realms, this draws on the constitutional statutes at the time of the Glorious Revolution, when William III and Mary II were invited to take the throne.
[citation needed] In the United Kingdom, the remaining powers of the royal prerogative are devolved to the head of the government, which, for more than two centuries, has been the Prime Minister; the benefits, equally, such as ratification of treaties and mineral rights in all gold and silver ores, vest in (belong to) the government.
[1][citation needed] In Britain, prerogative powers were originally exercised by the monarch acting without an observed requirement for parliamentary consent (after its empowerment in certain matters following Magna Carta).
In the Case of Proclamations (1611) during the reign of King James VI/I, English common law courts judges emphatically asserted that they possessed the right to determine the limits of the royal prerogative.
In most cases, the Monarch exercises the prerogative powers only on the advice of the Government of the day, either directly or through the Privy Council.
[5] In August 2009, Michael Misick, first Premier of the Turks and Caicos Islands, a British Overseas Territory, resigned under charges of corruption and abuse of power.
This action was not an exercise of the royal prerogative, as it was made under "the West Indies Act 1962 and of all other powers enabling Her to do so", but did vest wide discretionary legislative and executive powers in Her Majesty's governor, who as in all British Overseas Territories, acts on the instructions of the UK government, not the monarch.
[7][8]: 56 In the case of the Chagos Archipelago, in 2000, the High Court of Justice of England and Wales ruled that a local ordinance made by the Commissioner of the British Indian Ocean Territory exiling the islanders was unlawful, a decision which was accepted by the British Foreign Secretary Robin Cook.
After this decision, the British government issued an Order in Council, a primary exercise of the royal prerogative, to achieve the same objective.
[9][10] In their speeches, the Law Lords admitted the government of the day was morally wrong to force out some 2,000 residents of the Chagos Archipelago, a British Crown colony, to make way for a US air base in the 1960s.
The royal prerogative in Canada is largely set out in Part III of the Constitution Act, 1867, particularly section 9.
[22] However, by constitutional convention established by Juan Carlos I, the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy.