A key is for the Democrats to stand firm on enforcing the prerogative under the so-called blue-slip policy that allows any senator to block a nominee from his home state.
In modern practice, there are two distinct types of order in council: that issued under the royal prerogative and that made under a power conferred by a statute.
At that stage, Theresa May used her powers under the royal prerogative to remove the man's passport and prevent him seeking to join terrorists abroad.
It's quite true that merely listing the powers available to a prime minister under the crown prerogative is enough to make their retention indefensible.
Cameron said he would go ahead with plans to give UK police the power to revoke a passport from a UK citizen – a power currently confined to the home secretary under the royal prerogative.
A prime minister who began the article 50 negotiations as David Cameron appeared to suggest would be exercising powers under the royal prerogative, which are inherently undemocratic even with a parliamentary debate.
The high court used Jacobean case law – "the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm" – to spike the government case that ministers have a right to invoke article 50 under the royal prerogative.
The decision to deploy our armed forces is exercised under the royal prerogative vested in the prime minister, who has personal discretion in its exercise and is not statutorily bound to consult others, although it is considered to be inconceivable that he would not do so in practice.
The government said the decision to leave the EU was taken by the public in the referendum on 23 June and that its executive powers, under the royal prerogative, were sufficient to give notice to the EU on behalf of the cabinet.
The government maintains that the decision to depart has been taken by the referendum on 23 June and that its executive powers, under the royal prerogative, are sufficient for David Davis, the Brexit secretary, to give notice on behalf of the cabinet.
