England's Monarch: Law-Changing Powers Examined

The British monarch has a range of powers and exemptions, but their ability to change the law is limited. While the monarch has authority over the government, this power is constrained by laws enacted in Parliament and conventions. The monarch's role is largely ceremonial and non-partisan, including functions such as bestowing honours and appointing the prime minister. The monarch's immunity from certain laws, such as taxation and jury duty, is a notable aspect of their position. Additionally, the monarch holds influence as the head of state and the head of the nation, with a duty to appoint the prime minister and other ministers, open new sessions of parliament, and give royal assent to bills passed by parliament. However, their role in governance is limited, and they are obliged to follow the government's advice. The monarch's power to veto laws or dissolve parliament is a theoretical right that has not been exercised in modern times.

The monarch's immunity from prosecution

The British monarch has immunity from prosecution, which stems from the medieval concept that the monarch is the source of justice and, therefore, can do no wrong. This concept of crown immunity or sovereign immunity assumes that the Queen can't be prosecuted or sued without this needing to be explicitly stated in statute law. The monarch is also considered to be above the law due to the argument that since the courts belong to them, they cannot be compelled to appear in them as they would be prosecuting themselves.

While the monarch's immunity from prosecution was previously assumed, it is now being written into law to strengthen this principle. This development clarifies that the Queen cannot be prosecuted for criminal behaviour and that certain behaviour that would otherwise be illegal is permissible for the monarch. This immunity also extends to the monarch's assets and investments as a private citizen, with over 30 laws reviewed by the Guardian creating legal immunity for the Queen's private estates, such as Sandringham and Balmoral.

The role of the monarch has evolved over time, with medieval monarchs across Europe, including Britain, being constrained by law and not ruling as absolute tyrants. The absolute 'divine right of Kings' style of monarchy is a more recent invention, with the Renaissance seeing the centralisation of monarchical power and the disregard or abolition of popular assemblies. In modern times, the British monarch is considered a symbolic figure, with their role being largely ceremonial and non-partisan.

The monarch's role in law-making

The role of England's monarch in law-making is a largely ceremonial one. While the monarch technically retains the right to veto laws, dissolve parliament, and appoint the Prime Minister, their power is limited by convention and precedent. In practice, the monarch's role is mostly restricted to non-partisan functions such as bestowing honours and appointing the Prime Minister. The monarch is also exempt from many laws, including anti-discrimination legislation, workers' rights, health and safety laws, and pensions laws. They are also not required to pay taxes or perform jury duty.

Historically, the English monarchy has had varying levels of power in law-making. During the Middle Ages, monarchs were constrained by law and did not rule as absolute tyrants. In the 16th and 17th centuries, however, monarchs began centralising their power and disregarding popular assemblies. The absolute "divine right of Kings" style of monarchy was an invention of the Renaissance, and even then, English monarchs were often constrained by parliament. For example, King George III felt constitutionally bound to appoint Prime Ministers he disliked and never refused to sign a bill into law.

Today, the monarch's role in law-making is largely symbolic. While they are still technically the head of state and head of the government, their power is limited to acting on the advice of the government. The monarch's main functions include appointing the Prime Minister and other ministers, opening new sessions of parliament, and giving royal assent to bills passed by parliament. The monarch also plays a role in appointing senior judges and approving Orders in Council.

In addition to their formal roles, the monarch also serves as a focus for national identity, unity, and pride. They give a sense of stability and continuity and officially recognise success and excellence. This is achieved through speeches, such as the King's annual Christmas broadcast, and through visits to local organisations and public engagements.

Overall, while the English monarch technically retains some power in law-making, their role is largely ceremonial and constrained by convention and precedent. The monarch's main function is to serve as a symbol of national unity and a figurehead for the government.

The monarch's power to appoint the Prime Minister

The monarch is constitutionally obliged to follow the government's advice. The monarch's main functions as head of state are to appoint the Prime Minister and all other ministers, to open new sessions of Parliament, and to give royal assent to bills passed by Parliament, signifying that they have become law. The monarch also chairs monthly meetings of the Privy Council, approves Orders in Council, receives incoming and outgoing ambassadors, and makes a host of other appointments, such as senior judges, acting on the advice of the government.

The monarch appoints a Prime Minister by asking the new Prime Minister to form an administration, to which they usually respond "yes". Historically, the monarch could dismiss a Prime Minister and make a personal choice of successor. Today, it is for political parties to determine and communicate to the monarch who is best placed to command the confidence of the House of Commons. If an election produces a clear majority for one party, then the leader of that party becomes Prime Minister. If it is the incumbent Prime Minister, then they continue in office. If it is another party, then the incumbent formally resigns, and they are replaced.

There have been at least two occasions in the reign of Queen Elizabeth II where she had to make a decision that caused controversy. In July 1953, Prime Minister Winston Churchill suffered a stroke, and Buckingham Palace had to consider options for a caretaker Prime Minister if Churchill died. In 1963, she invited Alec Douglas-Home to form a government when the outgoing Prime Minister, Harold Macmillan, advised her to do so. This was against the wishes of other senior Conservatives and eventually led to the introduction of formal rules for how Conservative leaders are chosen.

The monarch's role in the Church of England

The British monarch is the Supreme Governor of the Church of England, with the Archbishop of Canterbury as its spiritual leader. The monarch's role is largely titular and limited to ceremonial functions, such as appointing archbishops and bishops, which is done on the advice of the prime minister. The monarch also takes an oath to preserve the Church of Scotland and appoint the Lord High Commissioner to the Church's General Assembly.

Historically, the role of the monarch in the Church of England has been more significant. For example, King Henry VIII broke from the Roman Catholic Church and established the Church of England in the 16th century. He also promulgated the Act of Supremacy, which declared the English monarch to have authority over the appointment of bishops. This act was part of a broader conflict between kings and popes, with English reformers taking advantage of their newfound independence to advance their vision of the church.

The practice of lay investiture, or the selection of bishops by monarchs, was adopted by English monarchs in the 10th century. This practice was later challenged by the Pope in the 12th century, leading to the Investiture Crisis.

Today, the Church of England has its own legislative, judicial, and executive structures, and the monarch's role is primarily symbolic. The monarch is also the Defender of the Faith, a role that has evolved to include a commitment to religious pluralism and the thriving of other faiths.

While the monarch has the theoretical right to veto laws and dissolve parliament, in practice, their role is limited to non-partisan functions, such as granting honours and appointing the prime minister. The monarchy's relationship to religion in 21st-century Britain has been described as evolving, with King Charles III identifying as a committed Anglican while also expressing support for other faiths.

The monarch's role in the military

The British monarchy traces its origins back to the Anglo-Saxon England petty kingdoms and early medieval Scotland, which consolidated into the kingdoms of England and Scotland by the 10th century. The monarch's role in the military is largely ceremonial and symbolic. For example, the monarch is the Head of the Armed Forces and has the power to appoint Prime Ministers and bestow honours, but these functions are performed in a non-partisan manner.

The Royal Family holds honorary ranks and positions within the British Armed Forces, and some members have served in the military. For instance, Princess Anne holds numerous ranks and roles within the British Armed Forces but has no military service history. The monarch and other members of the Royal Family are Colonels-in-Chief or hold equivalent positions in units of the Royal Navy, the Army, and the Royal Air Force.

The monarch also has certain exemptions from laws that apply to other citizens. For example, the sovereign is exempt from anti-discrimination legislation, workers' rights laws, health and safety regulations, and certain taxes. However, the monarch's power to enact laws is limited and must be exercised within the constraints of laws enacted in Parliament and established conventions and precedents.

Frequently asked questions