Anaya Nolan
The British Queen's involvement in the legislative process is a topic of much discussion. While the Queen's role in passing bills into law, or royal assent, is often seen as symbolic, the monarch technically has the power to veto a bill. The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708. The Queen's consent is another procedural rule that requires the monarch's approval for certain types of legislation before they can be presented for final approval by either house of parliament. This process is more opaque and has been criticised as undemocratic. However, the Queen's role in the legal system is largely symbolic, and civil and criminal proceedings cannot be taken against the Sovereign as a person under UK law.
| Characteristics | Values |
|---|---|
| Can the British Queen overrule laws? | Yes, the Queen can overrule laws. |
| Royal Assent | Royal Assent is the final step required for a parliamentary bill to become law. The monarch can delay the bill's assent or refuse royal assent on the advice of their ministers. |
| Queen's Consent | The Queen's consent is required for any legislation that would affect the prerogative, the hereditary revenues, the Duchy of Lancaster or Cornwall, and personal or property interests of the crown. |
| Role in Judicial Matters | The Queen's role in judicial matters includes appointing the Lord Chief Justice of Northern Ireland and the twelve other Commissioners of the Northern Ireland Judicial Appointments Commission. |
| Sovereign as the "Fount of Justice" | The Sovereign was a key figure in the enforcement of law and the establishment of legal systems in different areas of the UK and is still considered the "Fount of Justice". |
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What You'll Learn
The Queen's consent
The procedure for obtaining the Queen's Consent involves government ministers privately notifying the Queen of clauses in draft parliamentary bills and requesting her consent to debate them. If consent is granted, parliament can proceed with the debate, and the process is formally recorded. If consent is withheld, the bill cannot be debated, and parliament is effectively banned from discussing it. The Queen's private lawyers have 14 days to consider a bill and advise her on whether to grant consent.
While the Queen's Consent gives the monarch a degree of involvement in the legislative process, it is important to note that the power to overrule laws ultimately rests with parliament. The Queen must act on the advice of her ministers, and any withholding of consent is done on the advice of government ministers.
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![The Law and Custom of the Constitution. In Three Volumes, Vol. II: The Crown. Part I. [1907]](https://m.media-amazon.com/images/I/41cuafm4BdL._AC_UY218_.jpg)
Royal assent
The power to veto by withholding royal assent was often exercised by European monarchs, but such an occurrence has been rare since the 18th century. In modern constitutional monarchies, royal assent is considered a formality. Even in nations that still theoretically permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on the advice of the government.
In the United Kingdom, the last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708, on the advice of her ministers. The Royal Assent Act 1967 allows royal assent to be granted by the sovereign in writing, by means of letters patent, that are presented to the presiding officer of each house of Parliament.
In some jurisdictions, royal assent is equivalent to promulgation, while in others, it is a separate step. The Lieutenant Governors of the Bailiwick of Jersey and of the Bailiwick and Islands of Guernsey do not have the authority to grant assent or deliver assent as the British Crown's representative.
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The Queen's role in judicial appointments
The monarch's granting of royal assent is seen by some as a mere formality, certifying that a bill has passed all established parliamentary procedures. However, others argue that the monarch can still refuse assent to a bill that threatens the democratic basis of the constitution. This is a complex issue, as it would be challenging to define what constitutes a threat to the democratic basis, and it may be preferable for the monarch to express concern through other means.
The Queen's Counsel (QC) is a special recognition awarded to distinguished advocates in England and Wales. The appointment is made by the Queen on the recommendation of the Secretary of State for Justice. The QC status comes with formal privileges, such as distinctive court dress and the right to address the court before other advocates. In the past, only barristers were eligible, but since 1996, solicitors have also been eligible for appointment as Queen's Counsel.
In some jurisdictions, such as Hong Kong and Canada, the title of Queen's Counsel is granted to recognise professional eminence. In Hong Kong, the title was granted when it was a British dependent territory, and barristers appointed before the transfer to Chinese rule in 1997 were renamed Senior Counsel, with their roles remaining practically unchanged. In Canada, the title is limited to the Attorney General, with the provincial cabinet appointing lawyers of at least 10 years' standing as King's Counsel.
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The Queen's power to overrule laws in Guernsey and Jersey
The Channel Islands are the last remaining Norman lands, having been lost by King John in 1204. The islands of Guernsey and Jersey were, however, promised continued independence and self-governance by the King, provided they confirmed their allegiance to the English Crown.
The Bailiwick of Guernsey and the Bailiwick of Jersey are Crown dependencies, and the Queen's power to overrule laws in these territories is a complex matter. The Queen's power to overrule laws in the UK is limited, and she generally acts on the advice of her ministers. The last time royal assent was not given was in 1708, during the reign of Queen Anne, who, on ministerial advice, withheld assent from the Scottish Militia Bill. The power to veto by withholding royal assent has been rarely used since the 18th century, and is considered a formality.
The Lieutenant Governors of the Bailiwicks of Guernsey and Jersey do not have the authority to grant assent or deliver it as proxies for the British Crown. The equivalent of royal assent is granted or refused on the formal advice of the Committee of Council for the Affairs of Jersey and Guernsey, in line with Queen Elizabeth II's Order-in-Council of 1952. An example of this was in 2007, when the equivalent of royal assent was refused concerning reforms to the constitution of the Chief Pleas of Sark.
The law of Guernsey has been influenced by Norman law, French law, English common law, and, more recently, by UK and European legislation. Guernsey has a system of binding vertical precedent, unlike Jersey. The head of the judiciary in Guernsey is the Bailiff, a Crown appointment. The Bailiff also performs the functions of a Chief Justice and is the head of the States of Guernsey.
In conclusion, while the Queen's power to overrule laws in Guernsey and Jersey is limited, the equivalent of royal assent can be refused, and the Queen retains the right to veto a bill, especially if it threatens the democratic basis of the constitution.
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The Queen's inability to be prosecuted under UK law
The Queen, as the Sovereign, is the enactor of laws and is considered immune to prosecution in her personal capacity. This is the same for other heads of state, at least during their terms of office. However, it is essential to note that the Queen's immunity from prosecution does not mean she can overrule laws or act outside the legal framework with impunity. The principle of sovereign immunity, which was last tested in court in 1911 when King George V was accused of bigamy, reinforces the separation between the monarch and criminal law.
While the Queen has formal options regarding parliamentary bills, including granting royal assent, delaying assent through reserve powers, and refusing royal assent on the advice of her ministers, these actions are generally done in accordance with established parliamentary procedures and the advice of her ministers. The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708.
The Queen's role in the legislative process is largely ceremonial and advised, reflecting the modern constitutional conventions where the sovereign acts on the guidance of their ministers. This dynamic ensures that the Queen's personal opinions or actions do not directly influence the creation or enforcement of laws.
While the Queen's position as head of state affords her legal privileges, it is a customary principle that the monarch and criminal law do not intersect. This principle is not unique to the United Kingdom, as other heads of state also enjoy similar immunities during their terms of office.
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Frequently asked questions
The Queen can delay a bill's assent or refuse royal assent on the advice of her ministers. The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708. However, the Queen's role in overruling laws is largely symbolic and, in modern times, she generally acts in accordance with the advice of her ministers.
Royal Assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign, they have the formal options to either grant royal assent, delay the bill's assent, or refuse royal assent.
The Queen's consent is a procedural rule that requires the monarch's consent to be obtained for certain types of legislation before they can be presented for final approval by either house of parliament. This includes legislation that would affect the prerogative, the hereditary revenues, the Duchy of Lancaster, the Duchy of Cornwall, and the personal or property interests of the crown.
