Private law powers

1. In this connection Daintith has distinguished between imperium powers and dominum powers. Imperium powers are usually backed by force, for example police powers of arrest. Dominum powers exist by virtue of property and wealth and usually depend upon rewards and incentives.

2. For example, to all intents and purposes a government contract has the force of law to a body such as a road-building firm or a defence contractor whose livelihood depends upon pleasing the government. Through contracts and the dispersal of money the government can impose its will, for example about wage levels or 'privatisation', without the need to obtain powers from statute.

3. Before looking at the Royal Prerogatives which are peculiar to the Crown we should discuss the Crown's 'private law' powers. Because the Crown is a very wealthy person and a prolific consumer of labour and materials, its private law powers are an important aspect of its political power.

4. Parliament can in principle supervise Crown contracts. However, some matters, notably defence contracts, are by convention excluded from Parliamentary questions. Receipts from Crown enterprises are treated as monies provided by Parliament and payments made by the Crown must be authorised in the Annual Appropriation Act, though this is usually in general terms not related to specific contracts. It is sometimes said that a Crown contract cannot be enforced at all unless the money is authorised by Parliament. This does not affect legal liability as such. It means that money due cannot lawfully be paid out.

5. It could be argued that the distinction between dominium and imperium power is artificial since the wealth on which the dominium powers depend ultimately comes from forcible confiscation of property through taxation. On the other hand, in terms of the law itself the distinction is very important because it affects the scope of parliamentary accountability and judicial review.

NOTES

Imperium - The right to command, which includes the right to employ the force of the state to enforce laws. This is one of the principal attributes of the power of the executive.

Dominium - In the civil and old English law, ownership; property in the largest sense, including both the right of property and the right of possession or use. The right which a lord had in the fee of his tenant.

Appropriations act - An act that authorizes governmental expenditures.

TASK VII. Complete the following sentences using each adverb once only:

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