The monarch and the Crown - Role of the monarch

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Overview

Examining the monarch's position in the UK's constitutional setup is essential for the SQE1 FLK1 exam. This subject bridges historical tradition with current democratic practices, highlighting how age-old institutions transition to modern legal and political frameworks. This article reviews the monarch's constitutional roles, the scope of prerogative powers, and the legal constraints on the Crown's authority. A thorough understanding of these elements is vital for comprehending the UK's uncodified constitution and the monarchy's evolving role in a dynamic political setting.

Constitutional Functions and Ceremonial Duties

The monarch's duties in the UK are largely ceremonial but remain significant to the constitutional framework. Key functions include:

  1. Summoning and Dissolving Parliament: Based on the Prime Minister's advice, this act marks the start of a new parliamentary session and maintains the connection between the executive and legislative branches.

  2. Granting Royal Assent: This step transforms bills into Acts of Parliament. Although the monarch technically could refuse assent, tradition ensures it is always granted to bills passed by Parliament.

  3. Appointing the Prime Minister and Other Ministers: The monarch usually appoints the leader of the majority party or coalition as Prime Minister, reinforcing parliamentary democracy.

  4. Acting as Head of State: Representing the UK at diplomatic events and state visits, the monarch symbolizes the nation's continuity and traditions.

These functions, while ceremonial, play a critical role in upholding governance procedures and strengthening the constitutional structure.

Constitutional Conventions: Unwritten Rules of Governance

Constitutional conventions guide the Crown and other actors, setting non-legal rules that are considered binding. They play a key role in establishing practical limits on monarchical power.

Significant conventions include:

  • The monarch acts on ministerial advice.
  • Royal Assent is consistently granted to bills passed by Parliament.
  • The monarch remains politically neutral and abstains from voting in elections.

Example: The Salisbury Convention

This convention dictates that the House of Lords should not oppose any government legislation promised in its election manifesto. While not directly involving the monarch, it highlights how unwritten rules influence constitutional practice and restrict actors' powers.

The interaction between the monarch's powers and constitutional conventions demonstrates the flexibility of the UK's uncodified constitution. It ensures the monarch's theoretical powers are limited by tradition and constitutional principles.

The Royal Prerogative: Historical Powers in a Modern Context

The royal prerogative includes powers traditionally held by the monarch, now largely executed by ministers on the Crown's behalf. Originating from common law, these powers persist unless overridden by statute.

Key prerogative areas include:

  1. Foreign affairs and treaty-making
  2. Defense
  3. Granting of honors
  4. Mercy powers (pardoning offences)
  5. Ministerial appointments and dismissals
  6. Civil service regulation

Judicial Review and Prerogative Powers

Judicial scrutiny has increasingly shaped prerogative powers in modern governance. Key cases have clarified these powers:

  1. Case of Proclamations (1611): The monarch cannot create new prerogative powers or act against statute.

  2. CCSU v Minister for Civil Service [1984]: Courts can review the existence and scope of prerogative powers, but may avoid certain areas like national security.

  3. R (Miller) v Secretary of State for Exiting the European Union [2017]: The government could not use prerogative powers to trigger Article 50, as it would change domestic law without Parliament.

  4. R (Miller) v The Prime Minister [2019]: Ruled that the Prime Minister's prorogation advice to the Queen was unlawful, as it hindered Parliament's constitutional duties without justification.

These cases illustrate that prerogative powers are legally constrained and must align with parliamentary sovereignty and democratic accountability.

Historical Evolution and Modern Challenges

The monarch's role has significantly shifted through key historical events:

  1. Magna Carta (1215): Limited royal power and established that the monarch is subject to the law.
  2. Bill of Rights (1689): Further reduced royal prerogatives and bolstered parliamentary authority.
  3. Acts of Union (1707 and 1800): Created a unified Crown, impacting relations with Scotland and Ireland.
  4. Glorious Revolution (1688): Cemented parliamentary supremacy and established the constitutional monarchy.

Contemporary Debates and Challenges

Recent events have fueled discussions about the monarchy's place in current governance:

  1. Brexit and Constitutional Crises: Questions about the monarch's involvement in contentious political issues have highlighted tensions between tradition and legal power.

  2. Fixed-term Parliaments Act 2011 and its Repeal: Temporarily removed the monarch's power to dissolve Parliament, showing statute can override prerogative powers.

  3. Succession Law Changes: The Succession to the Crown Act 2013 altered royal succession rules, illustrating Parliament's power to reform the monarchy.

  4. Balancing Tradition and Modern Expectations: The monarchy faces challenges adapting to changing social norms while maintaining its constitutional role.

Conclusion

The monarch's role in the UK's constitutional setup blends historical tradition, legal principles, and modern democratic norms. Though mostly ceremonial, the monarch's functions are instrumental to the constitution, ensuring continuity and stability.

For SQE1 FLK1 exam success, candidates should:

  1. Distinguish between the monarch's formal powers and their conventional exercise.
  2. Understand prerogative powers and their susceptibility to judicial and parliamentary oversight.
  3. Recognize the evolving role of the monarchy amid political, legal, and social changes.
  4. Appreciate landmark legal cases that shape the monarchy's constitutional position.
  5. Balance tradition and adaptation in contemporary UK governance.

Proficiency in these areas will enable candidates to address complex constitutional scenarios and demonstrate a detailed understanding of the UK's unique constitutional system.