Kara Sears
The role of the UK monarch, previously Queen Elizabeth II and now King Charles III, in the country's judicial system is largely symbolic. The Queen was once a key figure in enforcing the law and establishing a system of justice, but today, the monarch is only seen as the 'Fount of Justice', with justice carried out in their name. The monarch's role in judicial matters includes appointing senior judges and approving bills before they become law, known as the Royal Assent. While the monarch is technically the head of state and has authority over the government, their powers are regulated by the British constitution, and their role is mostly ceremonial.
| Characteristics | Values |
|---|---|
| Role in judicial matters | Includes appointments of The Lord Chief Justice of Northern Ireland, The Lord Advocate, Scotland's two most senior judges, and other judges of the Supreme Court |
| Position in the legal system | The Crown is the 'source of all justice' and the Fount of Justice |
| Powers | The monarch has authority over the government, but this power may only be used according to laws enacted in Parliament and within constraints of convention and precedent |
| Immunity | The monarch cannot be prosecuted or litigated against |
| Role in legislation | Royal assent is required for a bill to become law |
| Role in Parliament | The monarch opens and dissolves Parliament |
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What You'll Learn
The Queen's role in the enforcement of law
Historically, the Sovereign was the 'Fount of Justice', a pivotal figure in the enforcement and administration of justice. The concept of the Sovereign as the ultimate source of justice was especially important in late Anglo-Saxon times, as it ensured a unified system of justice across various competing jurisdictions. The Coronation Oath, which dates back to a parliamentary act passed in 1689, underscores the monarch's commitment to uphold justice, as they vow to "Cause Law and Justice in Mercy to be executed" in "all [...] judgements".
However, in modern times, the Queen's role in the enforcement of law is largely ceremonial and symbolic. The Queen is no longer directly involved in the practical administration of justice. Instead, she retains a significant symbolic position as the figure in whose name justice is carried out and law and order are maintained. This symbolic role reflects the historical evolution of the legal system and the Sovereign's traditional position as the source of justice.
While the Queen is not personally subject to civil or criminal proceedings under UK law, she carefully ensures that her personal activities are conducted in strict compliance with the law. The Queen's role in judicial matters includes making appointments to various judicial positions, such as the Lord Chief Justice of Northern Ireland and the Lord Advocate (or Her Majesty's Advocate) in Scotland, upon the recommendation of the Prime Minister or other relevant officials.
The Crown, represented by the monarch, is an integral part of the UK's parliamentary system. The monarch plays a constitutional role in opening and dissolving Parliament and granting Royal Assent to Bills, allowing them to become laws. This role in the legislative process underscores the symbolic connection between the Crown and the enforcement of law in the UK.
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The Queen's role in judicial appointments
The process of becoming a QC involves a rigorous selection procedure. Applicants must submit their applications to the King's Counsel Appointments (KCA) panel, identifying assessors who can vouch for their skills and conduct. These assessors include judges, senior lawyers, and clients with firsthand knowledge of the applicant's capabilities. Shortlisted candidates then undergo an interview with members of the selection panel, which includes senior lawyers, a retired judge, and non-lawyers. The panel makes recommendations to the Lord Chancellor, who then formally appoints the successful candidates as QCs. The appointment is typically announced annually and is presided over by the Lord Chancellor in a ceremony.
The Queen's role in this process is to approve the appointments of QCs. She does so on the advice of the Lord Chancellor, who is in turn advised by an independent Selection Panel. This panel receives and considers each application, making recommendations for appointment to the Lord Chancellor. The Queen also awards Honorary QCs to those who have made significant contributions to the law outside of court practice.
The title of QC is a prestigious one and is recognised internationally, especially in Commonwealth countries. It is a mark of distinction for legal advocates, symbolising their exceptional advocacy skills and legal expertise. The appointment process ensures that only the most qualified and experienced advocates are selected, maintaining the high standards associated with the role.
With the transition to a new monarch, the title of Queen's Counsel will revert to King's Counsel, as it was known during the reign of Queen Elizabeth II's grandfather, King George VI.
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The Queen's role in approving Bills
Historically, the Sovereign was a key figure in the enforcement of law and the establishment of legal systems in the UK. The concept of the Sovereign as the 'Fount of Justice' or the 'source of all justice' grew in importance during late Anglo-Saxon times, as it ensured a single system of justice prevailed over competing local, civil, and ecclesiastical jurisdictions.
Today, the Queen's role in the enactment of legislation is purely formal, and she acts on the advice of her ministers. The monarch's consent is required for debating bills that affect the prerogative or interests of the Crown, and this consent is different from assent. Consent has not been withheld in modern times, except on the advice of the government. For example, in 1999, the Queen, acting on ministerial advice, refused to consent to Parliament debating the Military Action Against Iraq (Parliamentary Approval) Bill.
Royal Assent is also required for all bills passed by Parliament to become law. This is a long-standing tradition, with the sovereign's assent being regularly obtained since the reign of Henry VI. The last time Royal Assent was given by the sovereign in person in Parliament was during the reign of Queen Victoria in 1854.
In addition to Royal Assent, the Queen also approves Orders and Proclamations through the Privy Council. The monarch's role in judicial matters includes appointing senior judges, such as the Lord Chief Justice of Northern Ireland and Scotland's two most senior judges. These appointments are made on the recommendation of the Prime Minister or the First Minister.
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The Queen's immunity from prosecution
The Queen also has a legally distinct private persona, allowing her to have independent wealth and property that can be inherited by her children. While there is a distinction between the Queen's public and private identities, sovereign immunity has typically been interpreted to apply to both. This means that the Queen cannot be sued or prosecuted in a personal capacity, and certain behaviours that would otherwise be illegal are permissible if carried out by her.
The concept of immunity also applies to the Queen's assets and investments as a private citizen. For example, over 30 laws reviewed by the Guardian create legal immunity for her private estates, such as Sandringham and Balmoral.
While the Queen is immune from prosecution in the UK, this immunity does not extend to foreign courts. Additionally, there is a possibility of prosecuting the Crown as an Executive, where the Queen's ministers act on her behalf and would take responsibility. However, no monarch has appeared in court since Charles I in 1649, who was executed for high treason.
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The Queen's role as the 'Fount of Justice'
The Crown is considered to be the source of justice in the UK, also known as the "Fount of Justice". In history, the Crown was, in a very literal sense, the fountain of all laws. Anglo-Saxon monarchs would have broadly adjudicated on the law. The concept of the Sovereign as the 'Fount of Justice' grew in importance in late Anglo-Saxon times as it helped to ensure that a single system of justice prevailed over competing local, civil, and ecclesiastical jurisdictions.
The Queen's role as the Fount of Justice is largely symbolic in the modern era. The Queen's role in judicial matters includes the appointment of senior judges and other members of the judiciary in the UK. The Queen appoints the Lord Chief Justice of Northern Ireland, who is also the President of the Courts of Northern Ireland and the Head of the Judiciary of Northern Ireland. The appointment is made on the recommendation of the Prime Minister. The Queen also appoints the Lord President and the Lord Justice Clerk, the two most senior judges in Scotland, on the recommendation of the Scottish First Minister.
The Queen also exercises the prerogative of mercy, by which the Sovereign may, for example, grant free or conditional pardons or remit penalties, on the advice of her Ministers. The monarch's Coronation Oath, which has been around since a parliamentary act passed in 1689, states that the monarch will "Cause Law and Justice in Mercy to be executed" in "all [...] judgements".
The UK does not have a written constitution, but the Crown's role as the Fount of Justice is manifest throughout the country. For example, the Royal Coat of Arms hangs above the judge in any courtroom in England and Wales, and judges derive their authority from the Crown. The Crown's position as the source of justice is similar to its position as the source of legislative and executive authority in the UK. Each of the three powers—the judicial, the executive, and the legislature—operate "in the name of the Crown".
While the Queen's role as the Fount of Justice is primarily symbolic, it is worth noting that the Crown appears to operate above the rule of law due to sovereign immunity. The monarch cannot be personally prosecuted or litigated against, although their ministers and public servants can be.
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Frequently asked questions
No, the Queen is not the source of law in the UK. The Queen's role in judicial matters is symbolic. While the Queen is the head of state and retains a symbolic role as the figure in whose name justice is carried out, she is not involved in the actual administration of justice.
The Queen's role in the UK legal system is largely ceremonial and symbolic. The Queen appoints the Lord Chief Justice of Northern Ireland, the Lord Advocate (or Her Majesty's Advocate), and Scotland's two most senior judges. The Queen also gives royal assent to bills passed by the House of Commons and the House of Lords, turning them into Acts of Parliament and allowing them to become law.
No, civil and criminal proceedings cannot be taken against the Queen under UK law. The Queen is protected by sovereign immunity, which means she cannot be personally prosecuted or litigated against. However, the Queen is careful to ensure that her activities in a personal capacity are carried out in strict accordance with the law.
