“Statutory schemes override prerogative powers in the same field.”
During WWI, the government requisitioned De Keyser's Royal Hotel for military purposes. The government claimed it could act under prerogative powers, avoiding statutory compensation requirements under the Defence of the Realm Acts.
Whether the Crown can rely on prerogative powers when Parliament has provided a statutory scheme covering the same subject matter.
The House of Lords held that the government must follow the statutory scheme. Prerogative powers cannot be used to circumvent parliamentary provisions in the same field.
This case establishes a fundamental constitutional principle limiting executive power and ensuring parliamentary supremacy. It prevents governments from using prerogative powers to avoid statutory obligations and protections.
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OSCOLA Citation
Attorney General v De Keyser's Royal Hotel [1920] AC 508 (HL)
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