Kara Sears
The question of whether or not a king can change laws has been a subject of debate and controversy for centuries. While the power to veto by withholding royal assent was historically a common practice among European monarchs, it has become increasingly rare for a king or queen to directly alter legislation in modern times. Instead, the role of the monarch in law-making has evolved to include advance notice of forthcoming bills, which some argue provides an opportunity to influence and shape laws before they are introduced. This practice, known as King's Consent or Queen's Consent, has sparked criticism and calls for greater transparency. Despite the monarch's theoretical power to withhold assent, the king or queen of a constitutional monarchy like the UK rarely intervenes in legislation without dire political emergency or on the advice of the government. This evolution of the monarch's role in law-making raises questions about the balance of power between the crown and elected officials, as well as the limits and accountability of royal influence.
| Characteristics | Values |
|---|---|
| Can the king change laws? | Yes, the king can change laws. |
| Historical context | The king's power to change laws has varied over time. In the past, monarchs had more direct control over legislation, but today their ability to influence laws is more limited and often ceremonial. |
| Royal Assent | The king has the power to withhold assent to laws, but this is rarely exercised and usually done on the advice of the government. |
| King's Consent | The king can request changes to draft legislation and lobby for legislative changes, but this is controversial and has been criticised as giving the king too much influence over the law-making process. |
| Sovereign Immunity | The king is technically allowed to break any law without facing legal repercussions due to sovereign immunity. |
| Exceptions to Laws | The king is not legally required to pay taxes and is exempt from speed limits when driven by police escorts. |
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What You'll Learn
The king's consent
The concept of "King's Consent" refers to the long-established convention where the monarch is provided with advance notice of forthcoming bills, allowing them to potentially lobby for legislative changes without explicitly withholding consent. This practice has been criticised as it gives the monarch substantial influence over draft laws that may affect them. While the monarch's consent is not required for a bill to pass, their advance knowledge of the bill can lead to changes being made before the bill is introduced in Parliament. This was seen in 1973 when an exception was made for heads of state regarding a companies bill, and in the case of Prince Charles and the Leasehold Reform, Housing and Urban Development Act 1993, where his tenants were not given the right to buy their homes.
The origins of King's Consent are unclear, but it is believed to have been invoked as early as 1728 when George II gave Parliament permission to debate the Suppression of Piracy bill. The monarch's role in the legislative process has evolved over time, with the King seeking advice and consent from both the House of Lords and the House of Commons before enacting laws. While the monarch's power to veto legislation has rarely been used since the 18th century, the advance notice provided by the King's Consent procedure allows them to influence legislation without formally withholding consent.
The monarch's relationship with the law is a complex topic. While some argue that the king is above the law and not subject to its direction, others assert that the king is under the directive power of the law and cannot be exempt from fundamental laws. The king, as the enactor of laws, is considered a living law and cannot be subject to the same co-action as others. However, the law has supremacy over the king as it establishes the king's position and grants him power.
The monarch's power to influence legislation without explicit consent has sparked controversy, with over 50,000 people signing a petition in 2021 for a parliamentary inquiry into the convention. The existence of the King's Consent procedure highlights the intricate balance between the monarchy and legislative processes in countries with constitutional monarchies.
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The monarch's right to withhold assent
The power to veto by withholding assent was once frequently exercised by European monarchs, but such an occurrence has become very rare since the 18th century. In nations like the UK, Norway, the Netherlands, Liechtenstein, and Monaco, the monarch is still permitted, in theory, to withhold assent to laws, but they almost never do so, except in dire political emergencies or on the advice of the government.
Historically, monarchs have used their right to withhold assent to exert control over legislation. For example, Charles II withheld assent from a bill that suggested Parliament, not the monarch, should control the militia. Similarly, George III and George IV opposed Catholic Emancipation, asserting that granting assent would violate the Coronation Oath. William III also made liberal use of the royal veto, withholding assent from five public bills between 1692 and 1696.
In recent times, the right to withhold assent has not been exercised. Queen Anne was the last monarch to withhold Royal Assent in 1707, blocking a Scottish Militia Bill out of fear that it could be turned against the monarchy. While the monarch's explicit use of veto power has become rare, there is criticism that the Crown can still influence legislation. The monarch is given advance notice of bills that may affect them, and it has been alleged that this provides "substantial influence" over draft laws. This has led to petitions requesting a parliamentary inquiry into the convention of Queen's Consent.
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The king's immunity from punishment
The concept of ""sovereign immunity" or "crown immunity" holds that a monarch or state cannot commit a legal wrong and is immune from civil or criminal prosecution. This doctrine is based on the classical concept of sovereignty, which holds that a sovereign cannot be subjected to the jurisdiction of another without their approval. In other words, the king or queen, as the embodiment of the state, is above the law and cannot be prosecuted for any crimes committed.
This immunity extends beyond the monarch's public duties to their conduct on privately owned assets, estates, and businesses. For example, more than 30 different laws bar the police from entering private royal estates without the sovereign's permission to investigate suspected crimes. The monarch is also exempt from punishment for wildlife offenses, environmental pollution, and other green crimes, a type of legal immunity that no other private landowner in the UK enjoys.
In some countries, this immunity is explicitly enshrined in the constitution. For example, Article 88 of the Constitution of Belgium states, "The King's person is inviolable; his ministers are accountable." Similarly, the Constitution of Bhutan states that the monarch is not answerable in a court of law for their actions. In Canada, the common-law version of Crown immunity was inherited from British law, but the scope of this immunity has been steadily reduced by statute law over time.
While the monarch's immunity from prosecution is a long-standing principle, it has been controversial and subject to change over time. For example, in Malaysia, an amendment to the constitution in 1993 removed the immunity of the king and other rulers, allowing them to be brought to court. In the United Kingdom, while the monarch can technically withhold assent to laws, they rarely do so except in dire political emergencies or on the advice of the government.
In summary, the king's immunity from punishment, or sovereign immunity, is a legal doctrine that grants the monarch immunity from prosecution and holds that the king or queen cannot commit a legal wrong. While this principle has been questioned and revised in some countries, it remains a significant aspect of constitutional law in many nations with a monarchical system.
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The king's power to change laws
The concept of the "King's Consent" or "Queen's Consent" refers to the long-established convention where the monarch is provided with advance notice of forthcoming bills, allowing them to exert influence over legislative changes without directly invoking their consent. This practice has faced criticism as it gives the monarch the opportunity to shape prospective legislation. While the monarch's explicit consent is typically not required, their advance knowledge of bills can lead to changes in draft laws that may affect them.
Historically, the king's power to change laws was more direct and absolute. Legislative power was originally exercised by the sovereign, who acted on the advice of the Curia regis or Royal Council, which later evolved into Parliament. During the reign of Henry VI, it became standard practice for Parliament to initiate legislation in the form of bills, which would only become laws with the sovereign's assent. The monarch's power to veto or withhold assent to laws was frequently exercised, especially before the 18th century. Notable examples include Charles I dissolving Parliament in 1629 after it passed bills seeking to restrict his authority, and William III using the royal veto to block the Triennial Bill in 1693, which aimed to ensure Parliament met annually.
However, in modern times, the king's power to change laws is more limited and is typically exercised through influencing draft legislation. The monarch can receive advance notice of bills and lobby for changes, as seen in the case of Prince Charles using Prince's Consent to modify the Leasehold Reform, Housing and Urban Development Act 1993, to exempt his Duchy of Cornwall leasehold tenants from the right to buy their homes. While the monarch's direct influence on law-making has diminished, their symbolic role in the legislative process remains, as seen in the elaborate ceremonies associated with royal assent in countries like the United Kingdom.
It is important to note that the monarch's power to change laws is constrained by constitutional and democratic principles. The monarch is expected to act within the boundaries set by these principles and the will of the people. Ultimately, the law has a supremacy of constitution over the king, and the king is subject to the directive power of the law, even if the specific application of this power may vary depending on the political and legal context of a particular nation.
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The king's obligation to uphold laws
The concept of a king being above the law has been a topic of debate for centuries. While some argue that the king is not bound by any civil laws, others believe that even the king must uphold the laws of the land. The medieval jurist Henry de Bracton, in his treatise "On the Laws and Customs of England", asserted that no one is above the law, not even the king, stating, "The king should be under no man, but under God and the law." This sentiment was echoed in the Magna Carta, which created checks to restrain the king and ensure he upheld its provisions.
In the United Kingdom and some other nations, the monarch technically retains the right to withhold assent to laws, but this power is rarely exercised and is typically done only in dire political emergencies or on the advice of the government. The royal assent is usually a ceremonial process, with the sovereign appearing in person or appointing lords commissioners to announce the granting of assent. However, critics have argued that the monarch's advance notice of bills allows them to lobby for legislative changes and exert substantial influence over draft laws.
Historically, the king played a significant role in the legislative process, seeking the advice and consent of both houses of Parliament before making any law. The king's consent was necessary for a bill to become law, and monarchs often withheld their assent, especially if the legislation sought to restrict their power. Over time, the power dynamics between the monarch and Parliament evolved, with Parliament gaining more authority to originate and pass bills independently.
In absolute monarchies, such as Denmark-Norway under the King's Law from 1665 to 1849, the king possessed absolute power and was considered above human laws, answering only to God. The King's Law, also known as the Danish Royal Law or Lex Regia, formalized the king's absolute authority, including legislative, executive, and religious powers. However, even in absolute monarchies, the king had certain obligations and duties, such as worshipping God, maintaining the unity of the kingdoms, and preserving their royal power.
While the specifics vary depending on the country and form of government, the king generally has an obligation to uphold the laws of the land, even if they possess certain privileges and exemptions. The concept of rule of law suggests that everyone, including the king, is subject to the law, and in some cases, there are mechanisms in place, such as the Magna Carta's provision for barons to hold the king accountable, to ensure that the king adheres to their obligations.
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Frequently asked questions
The king can change laws, but only in a dire political emergency or on the advice of the government.
The king's consent is required for a bill to become law. The king can withhold consent and veto a bill, but this is very rare.
No, the king cannot be above the law. The king is subject to the directive power of the law and is under the obliging political co-action of civil laws.
No, the king cannot veto a bill without the consent of the government. The power to veto by withholding royal assent was once common among European monarchs, but it has rarely been used since the 18th century.
