Malcolm Rivera
The British monarchy is a constitutional monarchy, which means that while the sovereign is the head of state, the ability to make and pass legislation resides with an elected parliament. The monarch's constitutional powers are regulated by the British constitution and, while the monarch has authority over the government, this power may only be used according to laws enacted in parliament and within constraints of convention and precedent. The monarch's role is largely ceremonial and symbolic, with the power to appoint and dismiss ministers, regulate the civil service, issue passports, declare war, make peace, direct the actions of the military, and negotiate and ratify treaties, alliances, and international agreements.
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What You'll Learn
- The role of the British monarchy in the UK's political structure
- The British monarchy's power to appoint the Prime Minister
- The British monarchy's immunity from criminal proceedings
- The British monarchy's role in the Commonwealth of Nations
- The British monarchy's historical transition from absolute monarchy
The role of the British monarchy in the UK's political structure
The United Kingdom is a democratic constitutional monarchy, where the monarch is the head of state. While the monarchy has no political power, the monarch is still centrally involved in the business of the government. The monarch's image is used to signify British sovereignty and government authority, appearing on Bank of England notes and all British coins, and their portrait in government buildings.
The monarchy's role is mainly ceremonial and symbolic, fostering a sense of national identity, unity, and pride, and providing stability and continuity. The monarch acts as the Head of the Church of England and must swear to maintain the Protestant religion and the Church as part of the Coronation Oath.
The monarch has three prerogative powers: the power to appoint and dismiss ministers, grant royal assent to bills passed by parliament, and summon, dissolve, and prorogue parliament. The monarch also has the right to be consulted, to encourage, and to warn, traditionally exercised in weekly audiences with the Prime Minister.
The monarch's role, including that of Head of the Armed Forces, is limited to functions such as bestowing honours and appointing the Prime Minister. The monarch has little autonomy in their constitutional role as head of state but has more in their ceremonial role as head of the nation.
The UK's monarch also serves as the head of the Commonwealth of Nations, comprising 56 countries, mainly former British colonies. This role is appointed, not hereditary.
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The British monarchy's power to appoint the Prime Minister
The United Kingdom is a democratic constitutional monarchy, where the monarch is the head of state. The monarch's image is used to signify British sovereignty and government authority, with their profile appearing on Bank of England notes, British coins, and in government buildings.
The Cabinet Manual, which sets out the main laws, conventions, and rules on the operation of government, states that Prime Ministers "hold office unless and until they resign". When a Prime Minister resigns, the monarch invites the winning party's leader to form a government. If the election result is unclear, political parties must establish who is able to form the next government. The monarch appoints a Prime Minister who can command the confidence of the House of Commons, usually the leader of a party or coalition with a majority in that House.
The monarch's role in appointing a Prime Minister is a private event. Buckingham Palace will call an incoming premier, telling them to "stand by" or summoning them to see the monarch at a particular time. The incoming premier will usually arrive at Buckingham Palace in their own car and leave in the Prime Minister's official vehicle. Once the outgoing premier has departed, the incoming premier will be greeted in the palace courtyard and briefed before entering the monarch's private apartments. The monarch appoints a Prime Minister by asking them to form an administration, to which they usually respond "yes".
In modern times, the process involving prime ministerial appointments is informally governed by constitutional conventions and rules described in authoritative sources such as The Cabinet Manual.
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The British monarchy's immunity from criminal proceedings
The United Kingdom is a democratic constitutional monarchy, where the monarch is the head of state. The monarch's image is used to signify British sovereignty and government authority. The monarch's powers are regulated by the British constitution and are delegated to ministers or officers of the Crown, or other public bodies.
The British monarchy enjoys immunity from criminal proceedings under the doctrine of sovereign immunity. This means that criminal and civil proceedings cannot be brought against the monarch as head of state. The monarch is immune to arrest in all cases, and no arrest can be made in the monarch's presence or within the royal palace. The monarch's goods and property are also exempt from seizure or distress.
The doctrine of sovereign immunity is based on the classical concept of sovereignty, which holds that a sovereign cannot be subjected to the jurisdiction of another without their approval. This is expressed by the legal maxim "rex non potest peccare", meaning "the king can do no wrong". The monarch is thus personally immune from criminal and civil actions, even if their actions would be technically illegal.
While the Crown Proceedings Act 1947 made the Crown liable in some proceedings, it did not affect the monarch's personal immunity. The monarch's immunity from criminal proceedings has been further strengthened by personalized exemptions written into British law, particularly in areas of personal interest or investment. These exemptions have been criticized for undermining the principle of equality before the law.
In conclusion, the British monarchy's immunity from criminal proceedings is a longstanding feature of the UK's constitutional monarchy. While it is based on the doctrine of sovereign immunity, it has been tailored to the specific needs and interests of the monarch, raising questions about equality and transparency.
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The British monarchy's role in the Commonwealth of Nations
Historically, the dominions or colonies that made up the British Empire were subject to British authority in foreign policy and defence matters, with the governor-general of each dominion representing the British monarch. However, after the First World War, rising nationalism in these dominions sparked a push for more autonomy. This led to the 1926 agreement that recognised their equal status with Britain, united by allegiance to the Crown. This eventually led to the official founding of the British Commonwealth of Nations in 1931 with the Statute of Westminster.
The British monarchy's role in the Commonwealth has evolved over time. While the monarch is not automatically the head of the Commonwealth, they are recognised as a symbol of unity and the free association of its independent member nations. The late Queen Elizabeth II played a pivotal role in reinforcing the bonds among member nations through her regular royal tours. Similarly, members of the Royal Family, including the Prince of Wales and the Duchess of Cornwall, maintain close links with Commonwealth countries, often undertaking official visits to celebrate and strengthen these ties.
The Commonwealth realms, a term referring to countries that recognise the British monarch as their head of state, include Canada, Australia, and New Zealand. In these realms, the constitutional functions of the Crown are typically exercised on the advice of local ministers by vice-regal representatives, such as governors-general. While the monarch's role in these nations is largely ceremonial, they retain certain powers, such as approving legislation and appointing ministers or ambassadors.
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The British monarchy's historical transition from absolute monarchy
The British monarchy has evolved from its absolute monarchy roots to become a constitutional and ceremonial monarchy. The monarchy of the United Kingdom, or the British monarchy, is a form of government where a hereditary monarch serves as the head of state, with their powers regulated by the British constitution.
The origins of the British monarchy can be traced back to the petty kingdoms of Anglo-Saxon England and early medieval Scotland, which consolidated into the kingdoms of England and Scotland by the 10th century. Over time, the Norman and Plantagenet dynasties expanded their authority, creating the Lordship of Ireland in 1177 and conquering Wales in 1283.
The transition from absolute monarchy to a constitutional monarchy occurred gradually over several centuries, with key events and milestones contributing to this process. One of the earliest constraints on monarchical power was the Magna Carta, agreed upon in 1215, which sought to limit the powers of the monarch. This document established the principle of requiring monarchical consultation with their subjects and marked the beginning of the development of Parliament in the 13th century.
The reign of King Henry VII marked a period of absolute supremacy, ending the conflicts with the nobility that had plagued previous monarchs. However, the reign of his successor, Henry VIII, was marked by religious upheaval and disputes with the Pope, leading to the establishment of the Church of England and a break from the Roman Catholic Church.
In 1603, following the death of Queen Elizabeth I, James VI of Scotland also became King of England, resulting in the Union of the Crowns. James viewed himself as an absolute monarch and had little regard for Parliament, leading to increasing tensions. His reign was followed by that of Charles I, whose conflicts with Parliament and imposition of taxes and tariffs without parliamentary approval ultimately led to the English Civil War and his execution in 1649. From 1649 to 1660, the British Isles experienced a period without a monarchy, known as the Interregnum, during which various forms of republican government were established.
The monarchy was restored in 1660 with the reign of Charles II, who ruled in an absolutist style but did not dismiss Parliament. His brother, James II, took this further by appointing Catholics to powerful positions, going against English laws that required Anglicans to hold office. James II's actions sparked a Protestant uprising, leading to his exile and the invitation for his Protestant daughter Mary and her husband, William of Orange, to take the throne in what became known as the Glorious Revolution of 1688.
The Glorious Revolution marked a significant turning point in the transition from absolute monarchy to constitutional monarchy. The English Bill of Rights, signed in 1689 by William and Mary, limited the monarch's powers and established a constitutional monarchy, sharing power with Parliament. This event cemented the importance of Parliament and laid the groundwork for a governing body that represented the people's interests rather than an all-powerful king.
The final transition to a constitutional monarchy occurred during the long reign of Queen Victoria, who succeeded William IV. As a woman, Victoria could not rule Hanover, which only permitted male-line succession, thus ending the personal union between the United Kingdom and Hanover. While Victoria was the last sovereign to exercise significant personal power, her reign was marked by increased support for the republican movement.
Today, the British monarchy is a democratic constitutional monarchy, with the monarch holding a primarily ceremonial role. The monarch remains at the top of the political and social hierarchy but is considered a "servant of the people," reflecting the egalitarian nature of modern democracy. The monarch's role includes functions such as bestowing honours, appointing the prime minister, and representing the country on the international stage. The powers of the monarchy are regulated by the British constitution, ensuring that they act in accordance with democratic principles.
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Frequently asked questions
A constitutional monarchy is a system of government where a monarch acts as the head of state, but the ability to make and pass legislation resides with an elected parliament. The monarch is bound by constitutional convention to act on the advice of the government.
The British monarch has the power to appoint and dismiss ministers, grant royal assent to bills passed by parliament, and summon, dissolve and prorogue parliament. They also have ceremonial duties, such as opening parliament and giving a speech announcing the government's legislative programme for the year.
The British monarchy is similar to other European monarchies in terms of its constitutional role, with all remaining monarchies having relinquished political power. However, the British monarchy is larger in terms of the size of the royal family and the grandeur of ceremonial occasions. The British monarch is also the head of state of 14 other countries, giving them a unique international profile.
