Cecily Zamora
The role of the Queen in the creation of laws has evolved over the years. In the past, the Sovereign was a key figure in enforcing the law and establishing legal systems in the UK. Today, the Queen's role in judicial matters is largely symbolic, and she is known as the 'Fount of Justice'. The Queen still has the power to grant or refuse royal assent to parliamentary bills, although this is typically done based on the advice of ministers. The Queen also has immunity from over 160 laws, including anti-discrimination laws, and her consent is required for bills that might affect her interests. This has led to criticism that the Queen's influence on legislation is not transparent enough.
| Characteristics | Values |
|---|---|
| Royal Assent | Royal Assent is the final step required for a parliamentary bill to become a law. The monarch can grant royal assent, delay the bill's assent, or refuse royal assent on the advice of their ministers. |
| Queen's Consent | An obscure procedure where the Queen's lawyers can vet laws that might affect her personal interests before they are approved by Parliament. |
| Sovereign Immunity | The Queen, as head of state, is immune from criminal and civil proceedings under UK law. She also has immunity from more than 160 laws as a private citizen, including laws related to her private estates and businesses. |
| Influence on Legislation | The Queen has been known to exert influence on legislation through her solicitors or the palace, lobbying for changes to proposed laws before they are passed. |
| Appointment Powers | The Queen appoints Scotland's two most senior judges, the Lord President and the Lord Justice Clerk, on the recommendation of the Scottish First Minister. |
| Symbolic Role | While the Queen no longer administers justice directly, she retains a symbolic role as the figure in whose name justice is carried out and law and order is maintained. |
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What You'll Learn
- The Queen's role in creating laws is largely symbolic
- The Queen's consent is required for a bill to proceed through Parliament
- The Queen has immunity from more than 160 laws
- The Queen can delay a bill's assent through the use of reserve powers
- The Queen's lawyers can vet laws that might affect her personal interests
The Queen's role in creating laws is largely symbolic
The Queen does have some influence on legislation, through an obscure procedure known as 'Queen's consent'. This procedure allows the Queen's lawyers to vet laws that might affect her personal interests before Parliament approves them. For example, in 1973, the Queen's personal solicitor lobbied public servants to change a proposed law that would have allowed companies and the public to learn of the Queen's shareholdings in Britain. In another instance, the Queen vetoed the Scottish Militia Bill in 1708 on the advice of her ministers.
Additionally, the Queen has immunity from more than 160 laws, including anti-discrimination laws such as the Equality Act 2010 and the Sex Discrimination Act 1975. These exemptions have been criticised for undermining the notion that everyone is equal before the law and for lacking transparency. The Queen also has the power to grant royal assent, which is the final step required for a parliamentary bill to become a law. However, this power is rarely used independently of the advice of the Queen's ministers.
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The Queen's consent is required for a bill to proceed through Parliament
Historically, the Sovereign was a key figure in the enforcement of law and the establishment of legal systems in the UK. During Henry VI's reign, it became standard practice for the two houses of Parliament to originate legislation in the form of bills, which would only become law if the Sovereign's assent was obtained. This power has been used to veto bills, such as the Scottish Militia Bill in 1708, and to delay or amend bills to suit the monarch's wishes.
In recent times, the Queen's consent has been a more discreet process. In 2014, a British parliamentary committee found no evidence that legislation is altered during the consent process. However, there have been instances where the Queen's solicitor or the palace has influenced changes to proposed laws before they were passed. For example, in 1973, the Queen's personal solicitor lobbied to change a proposed law to protect the privacy of the Queen's shareholdings in Britain.
The "Queen's consent" process occurs before a bill is introduced to Parliament, allowing the Queen's lawyers to vet laws that might affect her personal interests or investments. This process has been criticised for its secrecy and lack of transparency, with the public and backbench politicians often unaware of how the constitutional system operates.
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The Queen has immunity from more than 160 laws
The Queen's role in creating laws is limited to granting royal assent, which is the final step required for a parliamentary bill to become law. However, it is worth noting that the monarch's granting of royal assent is now considered by some to be a mere formality or certification that a bill has passed all established parliamentary procedures.
While the Queen's role in creating laws may be limited, she does have immunity from more than 160 laws. This means that she is exempt from prosecution or civil legal action under these laws. The doctrine of sovereign immunity, which is centuries old, dictates that the monarch cannot be prosecuted or sued. This principle has been written into law and extended to the Queen's private interests and conduct as a private citizen.
The Queen's immunity from prosecution or civil legal action has been a topic of debate and concern for some. Some argue that the monarch's immunity undermines the notion of equality before the law. There have been instances where the Queen's private solicitor has lobbied to change proposed laws to suit her interests, such as hiding her private wealth from the public. Additionally, the Queen's immunity extends to her privately owned assets, estates, and even a private business. More than 30 laws create legal immunity for her private estates, such as Sandringham and Balmoral, and police are barred from entering these estates without her permission.
The Queen also has immunity from various taxes, although it is worth noting that she has voluntarily paid some taxes. Her employees are also unable to pursue anti-discrimination complaints or exercise certain workers' rights. These exemptions and immunities highlight the unique legal position of the monarch and the ongoing discussions around transparency and equality before the law.
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The Queen can delay a bill's assent through the use of reserve powers
The Queen, as the Sovereign, is the enactor of laws. Royal Assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign, she has the following formal options: grant royal assent, thereby making the bill an act of Parliament; delay the bill's assent through the use of reserve powers, thereby invoking a veto; 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. Erskine May's Parliamentary Practice advises that bills must be sent for royal assent, not that it must be given. However, some authorities have stated that the sovereign no longer has the power to withhold assent from a bill against the advice of ministers. Under modern constitutional conventions, the sovereign generally acts on, and in accordance with, the advice of their ministers.
The Queen's granting of royal assent is limited to due process and is a certification that a bill has passed all established parliamentary procedures. However, some argue that a monarch can still refuse royal assent to a bill that "sought to subvert the democratic basis of the constitution". Doing so would lead to grave difficulties of definition, and it would be better if the monarch sought a different method of expressing their concern. The only situation in which royal assent could be denied would be if a bill had been passed by the legislative houses or house against the wishes of the cabinet, and the royal assent stage offered the latter with a last-ditch opportunity to prevent the bill from becoming law.
Reserve powers are discretionary powers that may be exercised by the head of state (or their representative) without the approval of another branch or part of the government. In a parliamentary system, the head of state (or their representative) is generally constrained by the cabinet or the legislature, and most reserve powers are usable only in certain exceptional circumstances. In constitutional monarchies, reserve powers are thought to be the means by which the monarch and their viceregal representatives can legitimately exist as "constitutional guardians" or "umpires", tasked with guaranteeing that the Cabinet and parliament adhere to the fundamental conventions of the constitution.
Examples of reserve powers include the power to grant pardon, dismiss a prime minister, refuse to dissolve parliament, and refuse or delay royal assent to legislation. Using these powers in contravention of tradition would generally provoke a constitutional crisis.
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The Queen's lawyers can vet laws that might affect her personal interests
The Queen's role in the creation of laws is a contentious issue. While the UK is a constitutional monarchy, and the monarch's role is largely ceremonial, the Queen does have some influence over legislation.
The Queen's lawyers can, and have, vetted laws that might affect her personal interests. This is known as "Queen's Consent" or "Crown Consent". This process allows the monarch's lawyers to review draft legislation before it is passed, if it is deemed that it might affect the monarch's interests. For example, in 2013, the Queen's lawyers lobbied for her to be immune from parts of a Scottish law cutting carbon emissions, as it would affect her private business interests, specifically her salmon fishing business at Balmoral. In another instance, the Queen's lawyers successfully lobbied to change a 1973 draft bill, so that it would not allow the public to learn of the Queen's shareholdings in Britain.
Since 1999, the Scottish Parliament has given the Queen advance notice of at least 67 bills that could affect her interests. This has been controversial, with some arguing that it is "anti-democratic and archaic" and that "no-one should be allowed to legislate in their own private interest". In 2021, MPs urged for the law to be changed to prevent the Queen from vetting Scottish legislation.
The Queen also has immunity from over 160 laws, including immunity from paying certain taxes and from providing information to tax authorities.
It is important to note that, while the Queen has this power to influence legislation, it is rarely used, and the monarch generally acts on the advice of their ministers.
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Frequently asked questions
The Queen cannot create laws but she does have a role in the process. This is known as "Queen's consent", where her lawyers can vet laws that might affect her personal interests before they are passed in Parliament.
Yes, the Queen can prevent laws from being passed through "Royal Assent". This is the final step required for a parliamentary bill to become law. The Queen can delay the bill's assent or refuse royal assent on the advice of her ministers.
Yes, the last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708.
The Queen has a public and private legal persona. As a public figure, she serves as head of state and owns historic assets such as Buckingham Palace. As a private individual, she can buy and sell investments and assets like any other citizen. The Queen has immunity from more than 160 laws, including laws that bar police from entering her private estates without her permission.
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