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Robert Blackburn suggested the monarch's granting of royal assent is now limited to due process and is a certification that a bill has passed all established parliamentary procedures, [2] whereas Rodney Brazier argued that a monarch can still refuse royal assent to a bill that "sought to subvert the democratic basis of the constitution".
The author defended the practice of prior communication between Parliament and the Crown on the basis that, without Queen’s Consent, if parliament were to dispose of the interests or affect the prerogative of the Crown against its wishes, the Crown would in any event be able to protect itself by refusing royal assent.
To refuse the "King's Consent", where direct monarchical assent is required for a bill affecting, directly or by implication, the prerogative, hereditary revenues—including ultimus haeres, treasure trove, and bona vacantia—or the personal property or interests of the Crown to be heard in Parliament.
That is, the governor-general would neither assent nor refuse assent to the bill, but would instead refer it to the secretary of state for the colonies in the United Kingdom for consideration by the British government; assent, if then given, would be by the King- (or Queen-) in-Council.
William Blackstone, who maintained that the royal prerogative was any power that could be exercised by only the monarch. The royal prerogative has been called "a notoriously difficult concept to define adequately", but whether a particular type of prerogative power exists is a matter of common law to be decided by the courts as the final arbiter. [1]
Any proposed law which does affect prerogative powers requires the King's Consent, although the armed forces, as servants of the King, can sometimes be a special case. [ 10 ] However the political controversy over whether to participate in military action, which covered the legal legitimacy as well as foreign policy questions, had been under ...
That is, the governor-general would neither assent nor refuse assent to the bill, but would instead refer it to the secretary of state for the colonies in the United Kingdom for consideration by the Privy Council; assent, if then given, would be by the monarch-in-council.
Under the reservation power in section 55, the Governor General did not grant or refuse royal assent, so the bill did not become law. Instead, the Governor General would forward the bill to the monarch for their consideration. The monarch could grant or refuse royal assent under section 57 of the Act, on the advice of the British government.