The Constitution
The British Constitution is an unwritten document, unlike the constitution in America or the European Constitution, and as such, is referred to as an uncodified constitution, in the sense that there is no one single document that can be referred to as the constitution of the United Kingdom. The British Constitution is very unique, and can be found in a variety of different documents, some dating as far back as the Magna Carta in 1215.
Supporters of our constitution believe that the current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it in document form, as opposed to just constitutional experts who know how to interpret it, and where to look for it. Amendments to Britain’s unwritten constitution are made by a simple majority of support for the change in both Houses of Parliament, which are then followed by the Royal Assent. The constitution as we know is can be drawn from several various sources, but the most basic written instruments that can be found as a basis of our constitution are: the Magna Carta of 1215, the Act of Settlement of 1701, the laws and customs of Parliament, court judgements, as well as parliamentary constitutional conventions and royal prerogatives.
Supporters of our constitution believe that the current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it in document form, as opposed to just constitutional experts who know how to interpret it, and where to look for it. Amendments to Britain’s unwritten constitution are made by a simple majority of support for the change in both Houses of Parliament, which are then followed by the Royal Assent. The constitution as we know is can be drawn from several various sources, but the most basic written instruments that can be found as a basis of our constitution are: the Magna Carta of 1215, the Act of Settlement of 1701, the laws and customs of Parliament, court judgements, as well as parliamentary constitutional conventions and royal prerogatives.
Constitutional Monarchy
A constitutional monarchy is a form of constitutional government, where a hereditary monarch is the head of state, unlike in an absolute monarchy, wherein the king or the queen is the sole source of political power, as he or she is not legally bound by the constitution. The levels and types of power and authority held by the Monarch vary from case to case, as does the nature and guarantees of the constitution. This is a system of government in which a monarch shares power with a constitutionally organized government, where the monarch may be the de facto head of state or a purely ceremonial leader. The constitution allocates the rest of the government’s power to the legislature and judiciary.
The United Kingdom is a constitutional monarchy, where its succession to the British throne is hereditary, governed by the principle of male preference primogeniture, but excludes Roman Catholics or those who marry Roman Catholics. Under the British Constitution, sweeping executive powers, known as the royal prerogative, are nominally vested in the Sovereign. In exercising these powers, however, the Sovereign normally defers to the advice of the Prime Minister or other ministers. This principle, which can be traced back to the Restoration, was most famously articulated by the Victorian writer Walter Bagehot as "the Queen reigns, but she does not rule".
The United Kingdom is a constitutional monarchy, where its succession to the British throne is hereditary, governed by the principle of male preference primogeniture, but excludes Roman Catholics or those who marry Roman Catholics. Under the British Constitution, sweeping executive powers, known as the royal prerogative, are nominally vested in the Sovereign. In exercising these powers, however, the Sovereign normally defers to the advice of the Prime Minister or other ministers. This principle, which can be traced back to the Restoration, was most famously articulated by the Victorian writer Walter Bagehot as "the Queen reigns, but she does not rule".
Role of The Monarch
The role of our monarch is extensive, stressful, and time consuming, in an age where instant gratification and rapid, fast paced ways of life seem to be the status quo. However, in stark contrast to the faced paced life of London’s streets, not one thing about the role of the Queen is executed in a rapid and fast paced way. It often times takes days, weeks, or even months of planning to execute the many various engagements that Her Majesty must carry out every year.
As well over 400 engagements keep Her Majesty continuously on the move both domestically and internationally each year, her responsibilities are not just composed of travel, investitures, receptions, and other various appointments. The role of our Head of State is just as diverse as the whole of Westminster, where The Queen must act in the capacity of not only Head of State*, but Head of the Nation*, where her role is complex and constitutional, while remaining politically neutral in a setting that is a never ending cycle of political warfare. The Queen’s role includes, but is not limited to her active duties with in the Government, the Church, the Armed Forces, Honours, Crown Dependencies, the Commonwealth, and the Monarchy itself. The embodiment of the state within the Queens person provides the nation with a figurehead that is not only dedicated in her duties, but has carried out her responsibilities to the nation without a blemish since 1952.
The role of Her Majesty is not one that is just ceremonial as many tend to think, but encompasses a wide spectrum of official duties, constitutional powers, and ceremonial responsibilities that make the Queens life anything but relaxing and trouble free. Her knowledge of our constitution, her unconscionable wealth of knowledge and experience in statesmanship, and the sheer devotion to uphold her oath of duty to her people, makes Her Majesty’s role seem easy and well rehearsed, when in all actuality the role of Her Majesty is not one that not many people would be able to do, nor would they have the stamina to do continuously at the age of 84. Her Majesty (the Sovereign in particular) is the ultimate authority in the United Kingdom and rules over the nation as well as parliament through the Royal Prerogative*, which are powers that are used according to the laws enacted in Parliament or within the confines of precedent and convention. The precise extent of the royal prerogative has never formally been delineated, but it includes the following powers of Her Majesty (the Sovereign), among others:
The most important prerogatives still personally exercised by the Sovereign are the choice of whom to appoint Prime Minister, and whether to grant dissolution of Parliament on the request of the Prime Minister. The most recent occasion the monarch has had to exercise these powers were in February 1974, when Prime Minister Edward Heath resigned after failing to secure an overall majority in Parliament. Queen Elizabeth II appointed Harold Wilson, leader of the Labour Party, as Prime Minister, exercising her prerogative after extensive consultation with the Privy Council. The Labour Party had the largest number of seats in the House of Commons, but not an overall majority (Constitution of the United Kingdom-Wikipedia).
The Royal Prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the Sovereign alone. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of their state, is carried out. Individual prerogatives can be abolished by Parliament, although in the United Kingdom special procedure applies. Though some republican heads of state possess similar powers, they are not coterminous; containing a number of fundamental differences, and may be either more or less extensive (cf. reserve powers). While prerogative powers were originally exercised by the monarch acting alone, and do not require parliamentary consent, they are now generally exercised on the advice of the Prime Minister or the Cabinet, who is then accountable for the decision to Parliament. There may be situations in which the monarch could choose to exercise the Royal Prerogative without the advice of the Prime Minister and the Cabinet. Such situations are rare, and generally only occur in emergencies or where existing precedent does not adequately apply to the circumstances in question. In many liberal-democratic constitutional monarchies, such actions could precipitate a constitutional crisis. (Royal Prerogative – Wikipedia)
Head of State - As Head of State, The Queen undertakes constitutional and representational duties which have developed over one thousand years of history. There are inward duties, with The Queen playing a part in State functions in Britain. Parliament must be opened, Orders in Council have to be approved, Acts of Parliament must be signed, and meetings with the Prime Minister must be held. There are also outward duties of State, when The Queen represents Britain to the rest of the world. For example, The Queen receives foreign ambassadors and high commissioners, entertains visiting Heads of State, and makes State visits overseas to other countries, in support of diplomatic and economic relations.
Head of the Nation - As 'Head of Nation', The Queen's role is less formal, but no less important for the social and cultural functions it fulfils. These include: providing a focus for national identity, unity and pride; giving a sense of stability and continuity; recognising success, achievement and excellence; and supporting service to others, particularly through public service and the voluntary sector. These roles are performed through different types of engagement. By means of regular visits through every part of the United Kingdom, The Queen is able to act as a focus for national unity and identity.
Through her engagements and walkabouts, The Queen is able to meet people from every walk of life. The Queen's unifying role as Sovereign is also shown in her special relationships with the devolved assemblies in Scotland and Wales. In addition, at times of national celebration or tragedy, The Queen publicly represents the nation's mood - for example, at annual commemoration of the war dead on Remembrance Sunday, or at celebrations for a national sporting victory. The Queen also has an essential role in providing a sense of stability and continuity in times of political and social change. The system of constitutional monarchy bridges the discontinuity of party politics. While political parties change constantly, the Sovereign continues as Head of State, providing a stable framework within which a government can introduce wide-ranging reforms. With more than five decades of reading State papers, meeting Heads of State and ambassadors and holding a weekly audience with the Prime Minister, The Queen has an unequalled store of experience upon which successive Prime Ministers have been able to draw. The Queen is able to recognise success and achievement in a personal way. These include honours, awards, visits, patronage and sponsorship. At Investitures, for example, The Queen honours individuals for public service or outstanding achievement.
As well over 400 engagements keep Her Majesty continuously on the move both domestically and internationally each year, her responsibilities are not just composed of travel, investitures, receptions, and other various appointments. The role of our Head of State is just as diverse as the whole of Westminster, where The Queen must act in the capacity of not only Head of State*, but Head of the Nation*, where her role is complex and constitutional, while remaining politically neutral in a setting that is a never ending cycle of political warfare. The Queen’s role includes, but is not limited to her active duties with in the Government, the Church, the Armed Forces, Honours, Crown Dependencies, the Commonwealth, and the Monarchy itself. The embodiment of the state within the Queens person provides the nation with a figurehead that is not only dedicated in her duties, but has carried out her responsibilities to the nation without a blemish since 1952.
The role of Her Majesty is not one that is just ceremonial as many tend to think, but encompasses a wide spectrum of official duties, constitutional powers, and ceremonial responsibilities that make the Queens life anything but relaxing and trouble free. Her knowledge of our constitution, her unconscionable wealth of knowledge and experience in statesmanship, and the sheer devotion to uphold her oath of duty to her people, makes Her Majesty’s role seem easy and well rehearsed, when in all actuality the role of Her Majesty is not one that not many people would be able to do, nor would they have the stamina to do continuously at the age of 84. Her Majesty (the Sovereign in particular) is the ultimate authority in the United Kingdom and rules over the nation as well as parliament through the Royal Prerogative*, which are powers that are used according to the laws enacted in Parliament or within the confines of precedent and convention. The precise extent of the royal prerogative has never formally been delineated, but it includes the following powers of Her Majesty (the Sovereign), among others:
- The power to appoint and dismiss the Prime Minister
- The power to appoint and dismiss other ministers.
- The power to summon, prorogue and dissolve Parliament
- The power to make war and peace
- The power to command the armed forces of the United Kingdom
- The power to regulate the Civil Service
- The power to ratify treaties
- The power to issue passports
- The power to appoint bishops and archbishops of the Church of England
- The power to create peers (both life peers and hereditary peers).
The most important prerogatives still personally exercised by the Sovereign are the choice of whom to appoint Prime Minister, and whether to grant dissolution of Parliament on the request of the Prime Minister. The most recent occasion the monarch has had to exercise these powers were in February 1974, when Prime Minister Edward Heath resigned after failing to secure an overall majority in Parliament. Queen Elizabeth II appointed Harold Wilson, leader of the Labour Party, as Prime Minister, exercising her prerogative after extensive consultation with the Privy Council. The Labour Party had the largest number of seats in the House of Commons, but not an overall majority (Constitution of the United Kingdom-Wikipedia).
The Royal Prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the Sovereign alone. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of their state, is carried out. Individual prerogatives can be abolished by Parliament, although in the United Kingdom special procedure applies. Though some republican heads of state possess similar powers, they are not coterminous; containing a number of fundamental differences, and may be either more or less extensive (cf. reserve powers). While prerogative powers were originally exercised by the monarch acting alone, and do not require parliamentary consent, they are now generally exercised on the advice of the Prime Minister or the Cabinet, who is then accountable for the decision to Parliament. There may be situations in which the monarch could choose to exercise the Royal Prerogative without the advice of the Prime Minister and the Cabinet. Such situations are rare, and generally only occur in emergencies or where existing precedent does not adequately apply to the circumstances in question. In many liberal-democratic constitutional monarchies, such actions could precipitate a constitutional crisis. (Royal Prerogative – Wikipedia)
Head of State - As Head of State, The Queen undertakes constitutional and representational duties which have developed over one thousand years of history. There are inward duties, with The Queen playing a part in State functions in Britain. Parliament must be opened, Orders in Council have to be approved, Acts of Parliament must be signed, and meetings with the Prime Minister must be held. There are also outward duties of State, when The Queen represents Britain to the rest of the world. For example, The Queen receives foreign ambassadors and high commissioners, entertains visiting Heads of State, and makes State visits overseas to other countries, in support of diplomatic and economic relations.
Head of the Nation - As 'Head of Nation', The Queen's role is less formal, but no less important for the social and cultural functions it fulfils. These include: providing a focus for national identity, unity and pride; giving a sense of stability and continuity; recognising success, achievement and excellence; and supporting service to others, particularly through public service and the voluntary sector. These roles are performed through different types of engagement. By means of regular visits through every part of the United Kingdom, The Queen is able to act as a focus for national unity and identity.
Through her engagements and walkabouts, The Queen is able to meet people from every walk of life. The Queen's unifying role as Sovereign is also shown in her special relationships with the devolved assemblies in Scotland and Wales. In addition, at times of national celebration or tragedy, The Queen publicly represents the nation's mood - for example, at annual commemoration of the war dead on Remembrance Sunday, or at celebrations for a national sporting victory. The Queen also has an essential role in providing a sense of stability and continuity in times of political and social change. The system of constitutional monarchy bridges the discontinuity of party politics. While political parties change constantly, the Sovereign continues as Head of State, providing a stable framework within which a government can introduce wide-ranging reforms. With more than five decades of reading State papers, meeting Heads of State and ambassadors and holding a weekly audience with the Prime Minister, The Queen has an unequalled store of experience upon which successive Prime Ministers have been able to draw. The Queen is able to recognise success and achievement in a personal way. These include honours, awards, visits, patronage and sponsorship. At Investitures, for example, The Queen honours individuals for public service or outstanding achievement.
Duties of The Queen
According to a famed British constitutional scholar, Walter Bagehot, Queen Elizabeth II "could disband the army; she could dismiss all the officers . . .she could sell off all our ships-of-war and all our naval stores; she could make a peace by the sacrifice of Cornwall and begin a war for the conquest of Brittany. She could make every citizen in the United Kingdom, male or female, a peer; she could make every parish in the United Kingdom a 'University'; she could dismiss most of the civil servants, and she could pardon all offenders."
Her Majesty’s actual rights as a Queen are only three: the right to be consulted by the Prime Minister, to encourage certain courses of action, and to warn against others. However her duties are far greater than her rights. Her Majesty's duties do not just consist one or two, but the many below:
Her Majesty’s actual rights as a Queen are only three: the right to be consulted by the Prime Minister, to encourage certain courses of action, and to warn against others. However her duties are far greater than her rights. Her Majesty's duties do not just consist one or two, but the many below:
- Constitutional Arbitration - In times of Crisis, as with a hung Parliament, the lack of an automatic choice of Prime Minister or an unjustifiable and unnecessary request for a dissolution of Parliament, the Monarchy provides an impartial and non-political arbitrator, like an umpire called in when the players cannot agree. It would also be able to intervene if the government acted un-constitutionally by, say putting the opposition in jail, abolishing elections, or instructing the police not to prosecute members of the government for criminal offences. The Monarch can also dissolve Parliament, and appoint a Prime Minister to their liking, which has been done throughout Her Majesty's reign. This duty falls upon the Monarch not only in England, but in the Commonwealth countries that retain the British Sovereign as their Monarch and Head of State.
- Stability - A form of Government that only came into being yesterday can quite easily be overthrown tomorrow; an institution sanctified by 1,000 years of Sovereignty is more deeply embedded in the consciousness of the nation and more closely woven into the fabric of political life. It can still be overthrown (as by Oliver Cromwell in 1649), but people are still likely to think very hard before they pick up the sword. The Monarchy was Restored (1659 Charles II).
- Continuity - Governments come and go, A week is a long time in Parliament, and five years a lifetime. But the Sovereign is always there, and the apparatus of monarchy helps to bridge the discontinuities of party politics.
- Experience - A lifetime of reading state papers, meeting heads of state and ambassadors, and holding a weekly audience with the Prime Minister gives The Queen an unequalled store of knowledge and experience. Politicians see state papers only when they are in office, but the Queen sees them every day. Her constitutional right to be consulted, to encourage and to warn makes this experience available to every government, as it is after all, Her Government.
- Unity - Party politics is about disagreement and confrontation. It encourages polarization - rich against poor, north against south, management against unions, black against white, Catholic against Protestant. Parliament institutionalizes division and conflict. The monarchy is about national unity and institutionalizes cooperation and consensus.
- Succession - The heredity principle does more than provide a formula for unopposed succession. It also means that everyone knows who the successor is likely to be, and that he or she will have been groomed for the job from birth.
- Intelligibility - A family at the head of the nation’s affairs is something everyone can understand and indentify with. It makes the state seem human, personal and accessible. A parliament portrays public life as a battlefield; the monarchy portrays it as a family circle.
- Recognition of Achievement - By honours, awards, visits, patronage and sponsorship the sovereign and the Royal Family can recognize and reward achievement by individuals and organizations, and publicly affirm their value to the nation.
- Focus of Allegiance - A person and a family are a powerful symbol for the armed services of what they are fighting for, and are not so vulnerable to the winds of political favour in supporting the forces and honouring their sacrificing.
- Moral Leadership - Because the monarchy is permanent, it can set a consistent moral standard which people can look to as a guide and example.
- Model Behaviour - The monarchy can also give the nation an example or, to be more precise, a range of examples of acceptable behaviour in the smaller matters of social convention and behaviour. Even when some members of the Royal Family do not behave as well as people expect them to, they are still contributing to the process of reviewing and revising the nations behaviour patterns.
- Custodianship of the Past - Through its ceremony, pageantry and ritual, the monarchy preserves the link with Britain's history and reminds people of the country's past achievements and the antiquity of their state.
- Trusteeship of the Future - By being close to the heart of affairs, but outside of the political arena, the Royal Family can focus attention on the country's long-term dangers and opportunities as a counterweight to the inevitably short-term preoccupations of politicians in the heat of the party battle.
- Uniting the Nation with the State - Most important of all is the combination of the constitutional role as Head of State and the social role as Head of the Nation within a single institution, a single family and a single office. If the sovereign can be the focus of the people's loyalty, pride, patriotism and a sense of nationhood, then the people are simultaneously focusing these emotions on the state of which the Queen is the constitutional head; they are confirming and supporting the legitimacy of the political, legal and economic system which regulates their daily lives.
- The Commonwealth - A Commonwealth Realm is a country which has The Queen as its Monarch. The Queen is Head of State (Queen) of 15 Commonwealth realms in addition to the UK. She is also Head of the Commonwealth itself, a voluntary association of 53 independent countries. From Australia to Antigua, Canada to Cameroon, the Commonwealth is a remarkable international organisation, spanning every geographical region, religion and culture. It exists to foster international co-operation and trade links between people all over the world.
Royal Do's And Don'ts
If the Queen pleases, she can ride in a horse carriage down Rotten Row, where others can only ride horseback. Her picture will appear on postage stamps, but she will not need them; her personal mail is franked. She can drive as fast as she likes in a car which needs no license number. She could tell her sister Princess Margaret when she could marry. She can confer Britain's highest civilian decoration, the Order of Merit—one honour in which the Sovereign retains freedom of choice.
What Her Majesty cannot do is vote. Nor can she express any shading of political opinion in public. The Queen cannot sit in the House of Commons, although the building is royal property. She addresses the opening session of each Parliament, but she cannot write her own speech. The Queen cannot refuse to sign a bill of Parliament, and she cannot appear as a witness in court, or rent property from her subjects.
What Her Majesty cannot do is vote. Nor can she express any shading of political opinion in public. The Queen cannot sit in the House of Commons, although the building is royal property. She addresses the opening session of each Parliament, but she cannot write her own speech. The Queen cannot refuse to sign a bill of Parliament, and she cannot appear as a witness in court, or rent property from her subjects.