Eleanor Finch
The role of a monarch in a constitutional monarchy is a subject of interest, especially in countries like the United Kingdom, Denmark, Spain, and Thailand, where the monarch's powers are limited by a constitution. In a constitutional monarchy, the monarch acts as a ceremonial head of state, and their power is often constrained by a constitution, as is the case in the UK, Australia, and Canada. The transition to constitutional monarchy can occur during significant societal changes, such as the industrial revolution, and it involves a power-sharing arrangement between a hereditary king and a liberal challenger. While the monarch's role may be primarily ceremonial, they still possess some unique powers, such as royal prerogative and sovereign immunity, which can impact cabinet appointments and immunity from certain taxes or property restrictions.
| Characteristics | Values |
|---|---|
| Countries with constitutional monarchies | Liechtenstein, Monaco, Morocco, Jordan, Kuwait, Bahrain, Bhutan, United Kingdom, Canada, Australia, Netherlands, Spain, Belgium, Denmark, Norway, Sweden, Lesotho, Malaysia, Thailand, Cambodia, Japan, Germany, France, Poland, USA |
| Powers of the monarch | Constrained by the constitution; limited legislative and executive powers; non-party political ceremonial head of state; acts on the advice of the government; power over appointments to the Cabinet |
| Factors distinguishing monarchies from parliamentary democracies | Royal prerogative; sovereign immunity; immunity from some taxation or property restrictions |
| Historical context | First constitution for a monarchy in continental Europe: Poland, 1791; First monarch as an embodiment of the nation: Napoleon Bonaparte; Philosophical justification: German philosopher Georg Wilhelm Friedrich Hegel |
| Transition to democracy | Some autocracies became republics, while others evolved into constitutional monarchies |
| Power-sharing | Coexistence of a hereditary king and a liberal challenger, fighting for power and policy-making responsibilities |
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What You'll Learn
Constitutional monarchies vary in the power they grant to the sovereign
A constitutional monarchy is a form of government where the power of the monarch or sovereign is controlled by a set of laws and principles outlined in a constitution. The monarch is not an absolute ruler and their power is limited by the constitution, which also places the power to make laws in the legislature.
The role of the British monarch today is largely ceremonial, and they are bound by constitutional convention to act on the advice of the government. While the British Parliament and Government exercise their powers under the "royal prerogative", it is done on behalf of the monarch and through powers still formally possessed by them. Similarly, in Australia, the constitution vests executive power in the King, but this power is only exercisable by the Australian Governor-General, who is in turn restrained by the constitution to act only on the advice of the elected government ministers.
The evolution of constitutional monarchies can be traced back to the 11th century when modern states were absolute monarchies. Over time, some monarchs promulgated a constitution that set forth the organization of the government but did not limit their power. The first constitution for a monarchy in continental Europe was developed in Poland, with the Constitution of 3 May 1791. After the Second World War, surviving European monarchies almost invariably adopted some variant of the constitutional monarchy model.
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The UK, Denmark, and Japan have limited monarchic power
The UK, Denmark, and Japan are constitutional monarchies, meaning that the monarch is constrained by the constitution. While the monarch in each of these countries has a ceremonial role and is regarded as the head of state, their political powers are limited.
In the UK, the monarchy, also referred to as the British monarchy, is the form of government where a hereditary monarch reigns as the head of state, with their powers regulated by the British constitution. The current monarch, King Charles III, has limited power and must act within the laws enacted in Parliament. The monarch's role includes functions such as bestowing honours and appointing the prime minister. The monarchy is also considered a "soft power and diplomatic asset", serving as an unofficial brand ambassador for British interests and values abroad, boosting tourism, and promoting charities. Additionally, the monarch is the Supreme Governor of the Church of England and plays a role in the Church's governance, although they do not exert power over it.
Denmark's monarchy is a constitutional institution with a long history, dating back to the 8th century. It transitioned to a constitutional monarchy in 1849 with the writing of the first democratic constitution. The Danish monarch has limited powers and is constrained by the constitution, such as the June Constitution, which ended absolutism.
Japan's monarchy is unique in that it is one of the only two sovereign states where the monarch is not even the nominal chief executive. The emperor of Japan, as defined by the Constitution, is the symbol of the state and the unity of the Japanese people, deriving his position from "the will of the people with whom resides sovereign power." The emperor's role is largely ceremonial, and he is limited to performing "acts in matters of state" as outlined by the Constitution, without any political powers.
In all three countries, the monarch's role is primarily ceremonial and symbolic, with their political powers constrained by the respective constitutions.
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The monarch is constrained by the constitution
A constitutional monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not the sole decision-maker. The monarch is bound by constitutional convention to act on the advice of the government. The constitution outlines the powers and authorities of the monarch, who acts as a non-party political ceremonial head of state. While the monarch may possess formal legislative and executive powers, they are limited in their ability to exercise them independently.
In countries with constitutional monarchies, such as the United Kingdom, Australia, Denmark, Japan, and Canada, the monarch is constrained by the constitution. The monarch's role is largely ceremonial, and they are expected to embody and represent the nation. The monarch's powers are typically exercised by the government, with the Prime Minister and other ministers making decisions and advising the monarch. The monarch's influence on political matters, such as the choice of Prime Minister, has decreased over time in favour of democratic principles.
The United Kingdom's constitutional monarchy was established following the Glorious Revolution of 1688 and was further shaped by laws such as the Bill of Rights 1689 and the Act of Settlement 1701. The monarch's powers are outlined in the constitution and include approving laws, agreeing to treaties, and appointing ministers. However, these powers are rarely exercised independently, and the monarch's discretion has diminished over time.
In some constitutional monarchies, the monarch may have more significant executive power, such as in Liechtenstein and Monaco. However, even in these cases, the monarch is not an absolute ruler and is subject to legal and practical constraints. The monarch's authority is shared with other institutions, such as an assembly or legislature, ensuring a balance of power.
The role and powers of a monarch in a constitutional monarchy can vary depending on the specific country's constitution and historical context. Some countries, like Thailand, Spain, and the Netherlands, have unique interpretations of the role, blending tradition and modern democratic principles. The monarch's influence may extend to coalition building, appointing prime ministers, and representing the country on the international stage. However, their actions are generally guided by the constitution and the advice of the elected government.
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The monarch acts as a ceremonial head of state
The role of the British monarch is largely ceremonial. While the monarch still exercises some powers, such as appointing the Prime Minister, this is done based on the advice of the government. The British Parliament and the Government, led by the Prime Minister, exercise their powers under the "royal (or Crown) prerogative", meaning they do so on behalf of the monarch and through powers still formally possessed by the monarch.
The monarch, as the head of state, has a duty to be apolitical and acts as a symbol of the nation. They are a figurehead that represents the country's identity, unity, and pride, and gives a sense of stability and continuity. The monarch is also responsible for officially recognising success and excellence and supporting the ideal of voluntary service.
In addition to being the head of state in the UK, the monarch is also the head of state in 14 other countries, including Australia, Canada, Jamaica, and New Zealand, known as the realms. The monarch is also the Head of the Commonwealth, a voluntary association of 54 states, mainly former British colonies and dependencies.
The role of the monarch in these other countries is similar to that in the UK, where they have a ceremonial role and act as a symbol of the nation. The extent of the monarch's powers in each country is determined by that country's constitution and government, not by any central authority. For example, the Australian constitution vests executive power in the King, but this power is only exercisable by the Australian Governor-General, who is in turn restrained by the constitution to act on the advice of the elected government ministers.
In some constitutional monarchies, the monarch may hold more substantial discretionary powers, such as in Liechtenstein, Monaco, and Morocco. However, in countries like the UK and other Commonwealth realms, the monarch's powers are more limited and largely ceremonial.
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The monarch is granted sovereign immunity
In a constitutional monarchy, the monarch is granted sovereign immunity, which means that they are immune to arrest and prosecution. This is based on the classical and medieval concept that the "king can do no wrong" or "the monarch is the source of justice and can therefore do no wrong". This concept is not unique to the UK; several countries have laws or conventions that protect their head of state from legal action.
Sovereign immunity, or crown immunity, is the idea that British law does not apply to the Crown unless explicitly written. The "Crown" here refers to the government, the monarchy, and various state and royal estates. This immunity extends to the monarch's private identity and their assets and investments. For example, the Queen was granted an exemption from a law that allowed the police to search private estates for looted or stolen cultural artefacts in 2017. There are also over 160 laws granting express immunity to the monarch or their property in some respects.
The monarch's goods and lands cannot be seized or levied, and chattels owned by the Crown but present on another's land cannot be taken in execution or for distress. The monarch is also exempt from some taxation or property use restrictions. No arrest can be made in the monarch's presence or within the royal palace, and judicial processes cannot be executed within a royal residence.
The monarch's sovereign immunity also extends to their employees. For example, employees of the monarchy cannot pursue anti-discrimination complaints under the Equality Act 2010. However, it is important to note that sovereign immunity does not apply to members of the royal household in civil proceedings.
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Frequently asked questions
A constitutional monarchy is a form of government where a monarch acts as the ceremonial head of state, while the government is predominantly composed of elected members of parliament. The monarch's power is constrained by a constitution.
In a constitutional monarchy, the monarch's power is limited by a constitution and they often have a ceremonial role. Power is typically held by a cabinet of elected members of parliament, who exercise their powers under "royal prerogative", or through powers formally possessed by the monarch.
Examples of constitutional monarchies include the United Kingdom, Denmark, Norway, Sweden, Japan, and Thailand.
In a republic, power is held by a president, who is typically elected, whereas in a constitutional monarchy, power is held by a cabinet of predominantly elected members of parliament, with the monarch serving as a ceremonial head of state.
