Kara Sears
The role of the monarch in the legislative process has been a topic of debate for centuries. While the monarch does not have the power to create laws, they play a crucial role in the enactment of legislation through the concept of royal assent. Royal assent refers to the formal approval of a bill by the monarch, either directly or through an official acting on their behalf. While it is now largely considered a formality, there are still countries that, in theory, allow the monarch to withhold assent, such as the United Kingdom, Norway, and the Netherlands. This power to veto was historically exercised more frequently by European monarchs but has become rare since the 18th century. The king or queen is also exempt from certain laws that apply to regular citizens, such as the requirement for a passport and road traffic regulations when escorted by police.
Characteristics of a King's Powers to Pass Laws
| Characteristics | Values |
|---|---|
| Royal Assent | The method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf |
| Royal Veto | The power to veto by withholding royal assent |
| Exceptions | The King does not require a passport to travel internationally, and is exempt from paying taxes and jury duty |
| Driving Privileges | The King can drive as fast or as slow as he pleases when escorted by police officers on official business |
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What You'll Learn
The king can veto laws
Historically, monarchs have used their veto power to shape legislation significantly. For example, William III of England vetoed five public bills between 1692 and 1696, including the Royal Mines Bill (1692), which would have defined the monarch's right to seize mines containing gold or silver, the Triennial Bill (1693), which would have ensured Parliament met annually, the Place Bill (1694), which would have prevented members of Parliament from accepting Crown offices without standing for re-election, and the Qualifications Bill (1696), which would have established property qualifications for members of Parliament. Similarly, Charles II withheld royal assent in 1678 from a bill that would have given Parliament control of the militia, asserting his authority over the militia instead.
In some countries, the monarch's power to veto laws is still explicitly recognised in the constitution. For example, Articles 77–79 of the Norwegian Constitution grant the monarch the right to withhold royal assent from any bill passed by the Storting (the Norwegian legislature). However, Article 79 also provides a mechanism for the legislature to override the monarch's veto if the bill in question is passed unaltered by two successive sessions of the Storting, with each session occurring after separate elections.
The power of the monarch to veto laws is not absolute and has been subject to limitations and controversies throughout history. For example, after the English Civil War, the Long Parliament sought to interpret the monarch's oath as a commitment to assent to any law passed by Parliament, representing the "common people". Additionally, while royal assent is typically required for a bill to become law, there are mechanisms in place, such as those outlined in Article 66(4A) of the Malaysian Constitution, which state that a bill will automatically become law if it does not receive royal assent within 30 days of being presented to the King.
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The king does not need to pass royal assent for a bill to become law
In modern constitutional monarchies, the king does not need to pass royal assent for a bill to become law. Royal assent is the final step required for a parliamentary bill to become law. It is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on their behalf.
In some jurisdictions, royal assent is equivalent to promulgation, while in others, it is a separate step. While the monarch technically has the power to withhold assent to laws, they rarely do so unless in a dire political emergency or on the advice of the government. The power to veto by withholding royal assent was once frequently exercised by European monarchs, but this has become a rare occurrence since the 18th century.
In the United Kingdom, the last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708. Similarly, in Canada, royal assent has been withheld by a lieutenant governor approximately 90 times, the last occurring in Saskatchewan in 1961.
In Malaysia, if a bill is not received by the King within 30 days of being passed by both Houses of Parliament, it will automatically become law, as per Article 66(4A) of the Constitution.
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The king is exempt from UK law
The concept of the UK being a constitutional monarchy means that the monarch is largely exempt from the law. The monarch has the power to veto laws by withholding Royal Assent, although this is rarely used. The monarch is also not subject to the usual laws that apply to citizens in their private and public life. For example, the King does not require a passport to travel internationally, unlike other British citizens. The King is also exempt from jury duty, as are his immediate family members.
The King is also exempt from criminal and civil proceedings as the head of state, and this immunity extends to his private businesses and estates. For instance, the King's employees are unable to pursue complaints relating to sexual and racial discrimination. The King is also exempt from health and safety laws, and laws relating to workers' rights and pensions. The King's immunity also extends to environmental and wildlife offences, and the police are barred from entering his private estates without his permission.
The monarch's immunity from prosecution is known as 'sovereign immunity' and has been a point of controversy. There are more than 160 British laws that contain exemptions for the monarch, and these have been in place since 1967. The monarch has the power to influence legislation that might affect them, as their lawyers can vet laws before parliamentary approval. This is known as 'Queen's consent' or 'King's consent'.
Historically, monarchs have had a greater role in passing laws, with the Sedition Act of 1661 making it an offence to suggest that Parliament could legislate without the King. However, since the 18th century, the monarch's role in passing laws has been largely ceremonial.
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The king does not need a passport to travel
The British monarch, currently King Charles III, is exempt from a number of laws that other British citizens must follow. One of these exemptions is the requirement to hold a passport for international travel. This is because, according to the Royal Family's official website, "a British passport is issued in the name of Her Majesty [the Queen], it is unnecessary for the Queen to possess one." This means that the king does not need a passport, even though all other British citizens must hold one to travel internationally.
The king's passport-less travel is just one of many legal exemptions enjoyed by the British monarch. For example, the king is not required to pay taxes or perform jury duty. He is also exempt from road traffic regulations when he is escorted by police officers on official royal business, and has the right to drive without a license plate.
Historically, the monarch has also held significant legislative powers, including the ability to veto bills passed by Parliament through the withholding of royal assent. While this power has rarely been exercised since the 18th century, it has been used to block bills on matters such as the monarch's right to seize mines containing gold or silver, and the establishment of property qualifications for members of Parliament.
Today, in a modern constitutional monarchy, royal assent is typically considered a formality, and the monarch almost never withholds their approval of a bill, except in dire political emergencies or on the advice of the government. Nonetheless, the monarch retains the theoretical power to veto legislation, and this power has been described as "his personal legislative tool."
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The king can drive at any speed when escorted by police officers
The king has many privileges when it comes to UK law. While the monarch does not have the power to create laws, they can veto laws through the process of royal assent. This is considered a formality and is rarely used, except in a dire political emergency or on the advice of the government.
One example of a law that the king is exempt from is the requirement to have a British passport to travel internationally. This is because a British passport is issued in the name of Her Majesty, so it is unnecessary for the Queen or King to possess one.
Another law that the king does not have to follow is the Road Traffic Regulation Act. The King and other members of the royal family can drive at any speed when escorted by police officers on official royal business. The Prime Minister is also afforded this right. The late Queen Elizabeth II reportedly never took a driving test and was able to drive without a license plate, as all driver's licenses in the UK are issued in the name of the monarch.
In addition to these exemptions, the king is not required to pay taxes or perform jury duty. While civil and criminal proceedings cannot be taken against the king as a person under UK law, the Royal Family's official website states that the Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law.
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Frequently asked questions
The king can pass laws through royal assent, which is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf.
While royal assent has not been withheld for a bill backed by the government in the United Kingdom since 1708, it has often been withheld in British colonies and former colonies by governors acting on royal instructions.
Examples include the Royal Mines Bill, which defined the monarch's right to seize any mine containing gold or silver, and the Triennial Bill, which ensured Parliament would meet annually and that no parliament could last longer than three years.
Yes, the king is exempt from various laws and obligations, including paying taxes and jury duty. Additionally, the king does not need a British passport to travel internationally, and can drive as fast or as slow as he pleases when escorted by police officers on official business.
