Attorney-General v De Keyser's Royal Hotel [1920] UKHL 1

Facts

• During World War I, the Crown requisitioned De Keyser’s Royal Hotel for military use, asserting its prerogative power to defend the realm.
• The Defence Act 1842, a statutory provision, provided a mechanism for compensation for such requisitions.
• The Crown claimed it could rely on the royal prerogative to avoid paying compensation, while the hotel owner sought compensation under statute.
• The dispute involved whether the Crown could act under the prerogative or was bound by the statute in providing compensation.

Issues

1. Whether the existence of a statutory provision (Defence Act 1842) suspended or limited the Crown's prerogative power to requisition property for military purposes.
2. Whether the Crown was required to provide compensation according to statute or could rely on prerogative power to avoid statutory obligations.
3. Whether statutory law takes precedence over prerogative power when both relate to the same subject matter.

Decision

• The House of Lords held that where Parliament legislates over an area previously governed by prerogative, the statutory provision takes precedence, putting the relevant prerogative power in abeyance.
• The statutory regime requiring compensation prevailed and the Crown was required to compensate the hotel owner.
• The prerogative power is not eliminated but is suspended in situations regulated by statute.
• The executive is bound by statutory restrictions and cannot disregard them by asserting prerogative powers.
• The relationship is governed by whether the statute expressly or impliedly covers the same subject matter as the prerogative.

Legal Principles

• Statutes enacted by Parliament have primacy over prerogative powers in overlapping areas.
• The royal prerogative is suspended (held in abeyance) when a statute regulates the relevant area, but is not permanently extinguished.
• Executive authority to act is subject to statutory conditions and limitations once Parliament legislates on a matter.
• Where a statute does not fully cover the subject matter, prerogative powers may continue to operate in areas not addressed.
• The judgment creates a judicial standard reinforcing parliamentary supremacy over executive action within the UK constitution.

Conclusion

Attorney-General v De Keyser’s Royal Hotel formalized that when Parliament legislates on a matter previously governed by the royal prerogative, the statute takes precedence and the prerogative is suspended as to that area. This ruling affirms the principle of statutory supremacy as a key check on executive authority, ensuring government action remains within boundaries established by Parliament. Subsequent cases illustrate both the application and the limits of this doctrine depending on the scope of the relevant statute.