Following his defeat on the issue of
British military intervention in Syria on August 29th, the UK Prime Minister David Cameron was asked by Edward
Miliband, the Leader of Her Majesty’s Most Loyal Opposition, if he would consider invoking the powers of the Royal Prerogative to commit British military
support to the Syrian conflict. Mr. Cameron responded to the House of Commons
that he understood the will of the British people as expressed through their
elected representatives in Parliament, and would respect it. He would not use
the prerogative powers to overrule Parliament and join the United States in air strikes
against the Syrian regime.
So what exactly is the Royal Prerogative?
It is the body of executive powers which belong to the reigning monarch – harkening back to the time when monarchs had near absolute authority in affairs of church and state. But with the development of the system of constitutional monarchy in Britain, most of these powers are in practice, exercised by the Prime Minister and the elected government in accordance to the interests and wishes of the people. Nonetheless, these powers are exercised in the name of the reigning monarch, and it is the monarch who must sign off on the use of them. Given the fact the Prime Minister is an elected official who is held to account by the British voters, whilst the monarch maintains his or her position through birthright, it is considered constitutionally improper for a monarch to use these powers without being advised to do so by his or her ministers.
Because the Prime Minister is the leader of the majority party – or governing coalition, as in Mr. Cameron’s case – in the House of Commons, he or she is able exercise most of these powers on behalf of the reigning monarch (with notable exceptions including the appointment of a Prime Minister and the granting or refusing Royal Assent to parliamentary legislation, which only the monarch can do) without going to Parliament for a vote. However, he or she is held to account by Parliament in the form of the weekly Prime Minister's Questions, as well as mechanisms that can prematurely bring the parliamentary term and the minister's premiership to an end, which would then force a general election (as I will explain further on). The Prime Minister is also expected have a private weekly meeting with the monarch, known as an audience, at which the monarch and the Prime Minister have a discussion about the issues of the day. In this setting, the 19th Century writer Walter Bagehot believed that the monarch has the right to be consulted, to encourage, and to warn. The monarch's views on government matters are expressed, but by constitutional convention, he or she abides by the advice of his or her ministers.This power is now exercised on the behalf of the monarch by the UK Home Office through a subsidiary agency, Her Majesty’s Passport Office.
So what exactly is the Royal Prerogative?
It is the body of executive powers which belong to the reigning monarch – harkening back to the time when monarchs had near absolute authority in affairs of church and state. But with the development of the system of constitutional monarchy in Britain, most of these powers are in practice, exercised by the Prime Minister and the elected government in accordance to the interests and wishes of the people. Nonetheless, these powers are exercised in the name of the reigning monarch, and it is the monarch who must sign off on the use of them. Given the fact the Prime Minister is an elected official who is held to account by the British voters, whilst the monarch maintains his or her position through birthright, it is considered constitutionally improper for a monarch to use these powers without being advised to do so by his or her ministers.
Because the Prime Minister is the leader of the majority party – or governing coalition, as in Mr. Cameron’s case – in the House of Commons, he or she is able exercise most of these powers on behalf of the reigning monarch (with notable exceptions including the appointment of a Prime Minister and the granting or refusing Royal Assent to parliamentary legislation, which only the monarch can do) without going to Parliament for a vote. However, he or she is held to account by Parliament in the form of the weekly Prime Minister's Questions, as well as mechanisms that can prematurely bring the parliamentary term and the minister's premiership to an end, which would then force a general election (as I will explain further on). The Prime Minister is also expected have a private weekly meeting with the monarch, known as an audience, at which the monarch and the Prime Minister have a discussion about the issues of the day. In this setting, the 19th Century writer Walter Bagehot believed that the monarch has the right to be consulted, to encourage, and to warn. The monarch's views on government matters are expressed, but by constitutional convention, he or she abides by the advice of his or her ministers.This power is now exercised on the behalf of the monarch by the UK Home Office through a subsidiary agency, Her Majesty’s Passport Office.
The Powers
of the Royal Prerogative
The Royal Prerogative in domestic affairs
This power is now exercised on the behalf of the monarch by the UK Home Office through a subsidiary agency, Her Majesty’s Passport Office.
The appointment of Queen's Counsel
Baroness Patricia Scotland, the first black female to become a QC. |
The granting of honors
The Order of the Garter is the pinnacle of the British Honors System, having been in existence since 1348. |
The appointment and regulation of the Civil Service
As Head of the Civil Service in the United Kingdom, the monarch appoints individuals to the professional bureaucracy which supports and implements the programs of the government of the day. In practice, such individuals have to pass civil service examinations to prove competency, and are appointed under the auspices of the Office of Civil Service Commissioners on the basis of political impartiality and merit. The monarch merely approves of such appointments that are recommended to him or her by the Civil Service Commissioners.
The commissioning of officers in the Armed Forces
Tri-service badge of the Armed Forces (Navy, Army, and Air Force). |
As Head of the Armed Forces, the monarch has the sole power to commission officers for service in the armed forces of the United Kingdom. In practice, such decisions are made by the military leadership of the UK and the Prime Minister, and the monarch approves of them.
The appointment of Church of England officials
As Supreme Governor of the Church of England, the monarch
Justin Welby, the 104th Archbishop of Canterbury. |
The appointment of judges to the judiciary
Middlesex Guildhall in London - home of the UK Supreme Court. |
Granting Prerogative of Mercy
This power allows the monarch to grant pardons to, or reduce sentences for, convicted felons, and it is now exercised by government ministers on the monarch’s behalf.
Granting charters for corporations
This power is now exercised on the behalf of the monarch by the Department of Business, Innovation, and Skills through a subsidiary agency, Companies House.
The appointment and dismissal of a Prime Minister
Of all of the power with which the monarch is vested, the appointment of a Prime Minister is arguably the most important, because the Prime Minister is the elected official who runs the government on behalf of the monarch. The early prime ministers were appointed and dismissed at the will and pleasure of the monarch, but nowadays, the monarch’s role in appointing a Prime Minister is akin to that of a referee or game official awarding a trophy to the captain of the winning team of an athletic competition. Every five years, the United Kingdom holds a general election to elect Members of Parliament (MP’s) who sit in the House of Commons (the lower house of Parliament) and the leader of the party with a majority of seats in the Commons drives to Buckingham Palace to receive his or her official appointment as Prime Minister from the monarch. If the incumbent Prime Minister’s party loses the election, the Prime Minister tenders his or her resignation to the monarch, who is obliged to accept it, and the outgoing Prime Minister informs the monarch to send for the leader of new parliamentary majority.
In the event of a hung parliament – no party achieving an overall majority – at least two scenarios may occur. The leader of the party with largest number of seats may be appointed Prime Minister and asked by the monarch to attempt to form a government. In this scenario, the Prime Minister remains in his or her position until he or she is defeated in the Commons on a money bill to fund the government, loses on a motion that expresses "regret" over the Queen's Speech (written by the Prime Minister) at the State Opening of Parliament, or receives a vote of "no confidence". These events can occur at any time during a parliamentary term ruling party attempts to govern without a majority. (The last time this happened was in 1979, when the minority government under James Callaghan lost a no confidence motion by one vote.) A second scenario is that a new governing coalition is formed by at least two parties, as did happen following the most recent general election in 2010, in which the incumbent Labour Party lost its majority and the Conservative (Tory) Party emerged with the largest number of seats, but no majority. The Labour leader, Gordon Brown, remained as Prime Minister for five days until a majority coalition was formed between the Tories and Liberal Democrats under David Cameron. At the end of the day, the goal of a monarch is to appoint someone who can command the confidence of the Commons, and the result is that the monarch follows the will of the people through their elected representatives in the appointment of his or her Prime Minister.
By extension, the monarch also appoints and dismisses other ministers of the Cabinet (such as the Foreign and Commonwealth Secretary, Chancellor of the Exchequer, and Home Secretary), but in practice the Prime Minister chooses his or her own Cabinet and government officers.
William IV was the last monarch to dismiss a Prime Minister, when he removed Lord Melbourne from power in 1834. |
Harold Macmillan was accused of controversially using the prerogative powers of the Queen to ensure the succession of his choice for Prime Minister. |
The dissolution of Parliament and the calling of elections
These two powers have actually gone under sweeping changes in the last couple of years. It used to be that a monarch could dissolve
The Palace of Westminster - home of the Parliament of the United Kingdom of Great Britain and Northern Ireland |
The interior of the House of Lords, with the Queen's throne placed on top of the dais at the head of the chamber. |
However, it does remain the Royal Prerogative for the monarch to open each legislative session of Parliament (in May, or after a prepared by the Prime Minister, from the throne in the House of Lords (the upper house of Parliament) which outlines the agenda of the government for the current session. In this setting is another tenet of Walter Bagehot, who divided the British constitution into two components: dignified (the symbolic role exercised by the monarchy) and efficient (the actual running and operation of government).
The Royal Prerogative in foreign affairs
The accreditation of foreign diplomats
As Head of State, the Monarch receives the credentials of diplomats to the United Kingdom. Every ambassador and high commissioner (diplomats in charge of the diplomatic mission of one Commonwealth government to another), must present their credentials – or letters of introduction in the case of high commissioners – to the Sovereign, usually at Buckingham Palace. Foreign diplomats are not accredited to the United Kingdom, but instead to the Court of St. James, because St. James’s Palace is the official residence of the British monarch (and not Buckingham Palace, as I will explain further in a future posting).
The recognition of foreign states and making of treaties
As Head of State, the monarch recognizes foreign states across the world and makes treaties with such countries. In practice, these powers are exercised by the Prime Minister, and decisions are rubber-stamped by the monarch.
The declaration of war and peace
Of all the powers most associated with a monarch, the power to declare war against other countries and to send/lead armies into battle comes to mind. Indeed, as Head of the Armed Forces, the
George II became the last British monarch to lead his troops personally into battle in a victory over the French at Dettingen, which is depicted in this painting by John Wootton. |
Lord North, the Tory Prime Minister who was determined to keep America in the Empire, and who lost his premiership over the issue. |
Queen’s Consent and Royal Assent
Queen’s (or King's) Consent
This power covers both domestic and foreign issues. Before a bill which affects the Royal Prerogative can be debated in either the House of Commons or the House of Lords, it must receive the Queen’s Consent, and the same goes for bills which affect Crown interests (hereditary revenues, property, etc). This power is exercised by the monarch on the advice of ministers, and for the most part, has been granted to allow bills to go on to the next stage.
However, it has been refused in situations in which government ministers have advised the monarch to do so on the basis that it adversely affects his or her prerogative powers. A noteworthy example of this occurred in 1999 when Prime Minister Tony Blair advised the Queen to not consent to debate on the Military Action Against Iraq (Parliamentary Approval) Bill, which was a response to the US-UK military strikes against Iraq in December 1998. The bill sought to transfer the power to authorize any future military action against Iraq from the monarch (and in practice, the Prime Minister) to Parliament. The refusal of the Queen's Consent (on the advice of Prime Minister Blair) resulted in the bill being dropped from parliamentary consideration.
Royal Assent
The Queen's signature on this document signified her Assent to the legislation which removed the last pieces of constitutional power which the British Parliament could exercise over Australia. |
The power of Royal Assent covers both domestic and foreign issues, and it is the act of a monarch signing legislation (which has passed through both houses of Parliament) into law. Conversely, a monarch that refuses Royal Assent is akin to an American president vetoing legislation passed through Congress, but the difference is that unlike the American Congress, which can override a presidential veto by a two-thirds majority of both houses, the British Parliament cannot override a royal veto. A monarch may also reserve Royal Assent until a later time.
However, it is expected that a monarch will go along with the will of the people as expressed by their elected representatives in
It has been 305 years since Queen Anne refused Royal Assent. |
This almost happened in 1936 when Edward VIII attempted to marry the twice-divorced American, Wallis Simpson. His actions
It appeared as though Edward VIII was prepared to take on his Prime Minister, Stanley Baldwin and his government. But he eventually decided to abdicate, and averted a greater constitutional crisis. |
Throughout her reign, the powers of the Royal Prerogative have become increasingly known and they cover virtually all areas of British domestic and foreign policy. Similar, but varying powers are
Elizabeth II - her image seen here on Canadian money as Queen of Canada - has been careful to avoid interference in politics throughout her reign. |
In certain situations,
it is possible for a monarch to take personal command of the Armed Forces,
refuse Royal Assent, dismiss ministers, refuse to dissolve Parliament, or in
the event of a political vacuum (such as a hung parliament), personally run
the government. This has led to calls for a codified and written constitution for
the United Kingdom which clearly define the powers of the monarch and when such
powers can and cannot be used. Some proposals have suggested that the monarch
be stripped of all political power, and reduced to a ceremonial figurehead with no active
role in the governing of the nation. For now however, the monarch does retain
political power, but does not use in a way that blatantly circumvents the democratic
process in Britain, for if such a thing did happen, there may well be more
radical calls for a republic and the abolition of the monarchy altogether. Not
wanting to become the next King Charles I, British monarchs up to and including Elizabeth II have
learned, for the most part, to maintain the fine line of political impartiality and to adhere to the constitutional conventions that circumscribe the use monarchical power.
It is expected that future monarchs will continue to do the same.
What does not appear to be disputed is that the basis upon which British governance rests is the monarchy, which has allowed for the establishment of a modern and vibrant parliamentary democracy through which the people express their will, which was made clear in the UK Parliament on the issue of Syrian intervention. In the future, it may be necessary to make reforms to the Royal Prerogative so as to preserve the monarch's political impartiality and to strengthen democratic principles in the United Kingdom. However, the recent Syrian debate and its outcome is an example of how Britain's democracy has become an essential component within the framework of its constitutional monarchy.
Photo Credit: Virtualstuart via Wikimedia Commons cc, Sodacan via Wikimedia Commons cc, Ministry of Defence and Wikipedia via Wikimedia Commons cc, Andy Mabbett via Wikimedia Commons cc, GAC, Number 10/Past Prime Ministers, and Wikipedia via Wikimedia Commons og, DaniKauf via Wikimedia Commons cc, SimonEast via Wikimedia Commons cc, Carissa Rogers via Flickr cc