Eleanor Finch
The death of Queen Elizabeth II at the age of 96 raises important constitutional questions about the transition to the reign of her son, Charles. One of the key questions is whether Charles is already king. Under the old common law rule Rex nunquam moritur, which means the king never dies, Charles became king the moment the Queen died. This rule ensures that while the sovereign may die, the government must carry on, and the office must pass seamlessly to the heir. Charles does not need to be crowned to become king, and an Accession Council will be summoned to witness the proclamation of Charles as the new king.
| Characteristics | Values |
|---|---|
| When did Charles become king? | The moment Queen Elizabeth II died, under the old common law rule "Rex nunquam moritur", meaning "the king never dies". |
| Is a coronation necessary for Charles to become king? | No, the coronation is only an endorsement of a succession that has already taken place. |
| What is the role of the Privy Council? | Members of the Privy Council, along with Commonwealth High Commissioners from countries where the new sovereign is head of state, agree on and sign a proclamation declaring Charles to be the new king. |
| What is the role of the Accession Council? | The Accession Council is summoned as soon as possible after the death of a monarch. |
| What is the role of Parliament? | Parliament meets as soon as possible after the death of a sovereign so that parliamentarians can take their oaths of allegiance to the new sovereign. |
| What oaths does Charles need to swear? | Charles swears a statutory oath in support of the Church of Scotland and will make a similar oath in support of the Church of England at his coronation. |
| What is the role of the new sovereign's spouse? | The spouse of a king automatically becomes queen. There was initially some doubt regarding Charles's marriage to Camilla, but it has been confirmed that she will become queen. |
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What You'll Learn
Charles became king immediately after the Queen's death
Queen Elizabeth II passed away at the age of 96, leaving behind a rich legacy and important constitutional questions about the transition to the reign of her son, Charles. Charles became king immediately after the Queen's death, as per the old common law rule "Rex nunquam moritur", which means "the king never dies". This principle ensures that while the sovereign may pass away, the government and its functions continue uninterrupted.
Under this rule, the office passes instantly to the heir, regardless of whether formal ceremonies have been conducted. The ceremonies that follow, such as the coronation, are essentially endorsements of a succession that has already occurred. It is important to note that Charles does not need to be crowned to become king. For instance, Edward VIII was never crowned.
Following the death of a monarch, an Accession Council is summoned as soon as possible. In the first part of this process, members of the Privy Council, one of the oldest parts of the government, are joined by Commonwealth High Commissioners from nations where the new sovereign is the head of state. Together, they agree on and sign the Proclamation, declaring Charles to be the new King. The council then issues this Proclamation, witnessing and declaring the new sovereign's lawful assumption of the throne and announcing his regnal title of Charles III.
In the second part of the process, Charles meets with the privy counsellors alone. Here, he makes a personal declaration commemorating the late Queen, seeking the support of the nation in his new role, and swearing a statutory oath in support of the Church of Scotland. He will also make an oath in support of the Church of England during his coronation.
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Camilla will become queen
With the death of Queen Elizabeth II, the UK is witnessing a transition in the monarchy as her son, Charles, succeeds her. This has raised several constitutional questions, one of which pertains to the role of Camilla, Charles' wife.
When Charles and Camilla married in 2005, it was decided that she would be known as the "Princess Consort" when Charles ascended the throne. However, there has been a change in this decision, and it has now been confirmed that Camilla will become Queen. This confirmation came from Queen Elizabeth herself earlier this year.
The law states that the spouse of a king automatically becomes the queen. However, there had initially been some uncertainty following Charles' marriage to Camilla. With the Queen's confirmation, this matter has been settled, and Camilla will assume the role of queen when Charles becomes king.
The official ceremonies that will take place will further solidify this transition. An Accession Council will be summoned, and members of the Privy Council, one of the oldest parts of the government, will meet with Commonwealth High Commissioners from countries where the new sovereign is the head of state. They will agree on and sign a Proclamation declaring Charles as the new King and acknowledging his lawful assumption of the throne, along with his regnal title of Charles III.
In the next phase, Charles will meet privately with the privy counsellors. During this meeting, he will make a personal declaration honouring the late Queen and requesting the nation's support as he steps into his new role. Additionally, he will swear a statutory oath in support of the Church of Scotland and will make a similar oath in support of the Church of England during his coronation.
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Charles does not need to be crowned
The UK is mourning Queen Elizabeth II following her death at the age of 96. Her passing raises important constitutional questions regarding how the country transitions to the reign of her son, Charles.
Charles became king the moment the Queen died, under the old common law rule Rex nunquam moritur, which means “the king never dies”. The idea is that while the sovereign may die, government must carry on. The office must, therefore, pass seamlessly to the heir, even if formal ceremonies have not yet been held. Those ceremonies will follow but they are effectively only endorsing a succession that has already taken place.
In the first part, members of the Privy Council – one of the oldest parts of the government – are joined by Commonwealth High Commissioners from those countries where the new sovereign is the head of state. They agree and sign the Proclamation declaring Charles to be the new King. The council then issues the Proclamation witnessing and declaring the fact of the new sovereign’s lawful assumption of the throne, and announcing his regnal title of Charles III.
The second meeting is between Charles and the privy counsellors alone. Here he will make a personal declaration commemorating the late Queen and asking for the support of the nation in assuming his new role, and swear a statutory oath in support of the Church of Scotland. He will make a similar oath in support of the Church of England at his coronation.
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An Accession Council is summoned after a monarch's death
An Accession Council is summoned as soon as possible after the death of a monarch. This is one of the key moments to look out for after the death of a sovereign.
The Privy Council, one of the oldest parts of the government, is joined by Commonwealth High Commissioners from those countries where the new sovereign is the head of state. They agree on and sign the Proclamation declaring Charles to be the new King. The council then issues the Proclamation, witnessing and declaring the fact of the new sovereign's lawful assumption of the throne, and announcing his regnal title of Charles III.
The second meeting is between King Charles and the privy counsellors alone. Here, he makes a personal declaration commemorating the late Queen and asking for the support of the nation in assuming his new role. He also swears a statutory oath in support of the Church of Scotland. He will make a similar oath in support of the Church of England at his coronation.
Parliament meets as quickly as possible after the death of a sovereign so that parliamentarians can take their oaths of allegiance to the new sovereign.
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Parliamentarians swear oaths of allegiance to the new sovereign
Following the death of Queen Elizabeth II, the UK faced constitutional questions regarding the transition to the reign of her son, Charles. According to the old common law rule Rex nunquam moritur, which means "the king never dies", Charles became king immediately after the Queen's death. This rule ensures that while the sovereign may pass away, the government continues without interruption, with the office passing to the heir.
As soon as possible after the death of a monarch, an Accession Council is summoned. This council, composed of members of the Privy Council—one of the oldest parts of the government—and Commonwealth High Commissioners from nations where the new sovereign is the head of state, agrees upon and signs a proclamation declaring Charles the new King. The council then issues this proclamation, witnessing the new sovereign's lawful assumption of the throne and announcing his regnal title, Charles III.
In the next phase, Charles meets with the privy counsellors alone. Here, he delivers a personal declaration honouring the late Queen and requesting the support of the nation as he assumes his new role. Additionally, he swears a statutory oath in support of the Church of Scotland and will make a similar oath in support of the Church of England during his coronation.
Parliament convenes as soon as possible after the death of a sovereign, allowing parliamentarians to take their oaths of allegiance to the new sovereign. These oaths signify the loyalty and support of the parliamentarians towards the new monarch, marking a crucial step in the transition to the new reign.
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Frequently asked questions
Yes, Charles became king the moment Queen Elizabeth II died, under the old common law rule Rex nunquam moritur, which means "the king never dies".
No, Charles does not need to be crowned to become king. Indeed, Edward VIII was never crowned.
Yes, Camilla will become queen. At the time of their marriage in 2005, it was decided that she would become a "princess consort" rather than queen when Charles became king. However, there has been a change of plan and Queen Elizabeth confirmed that Camilla will become queen.
