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UK Constitution and Government/Sovereign

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The Sovereign

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Succession

In the United Kingdom, succession to the Crown is determined by statute and by common law. Under the Act of Settlement of 1701, the "heir of the body" of the Sovereign is the heir to the throne. The precise meaning of the term is determined by common law, which is deemed to stipulate that an individual's heir is his or her eldest son, and in the absence of sons, the eldest daughter. Deceased sons and daughters are represented by their heirs. If one has no descendants, then the heir is the previous incumbent's heir. This system, whereby males have precedence over females and dead individuals are represented by their heirs in the line of succession, is known as male primogeniture.

Under the Act of Settlement, the Protestant descendants of Sophia, Electress and Duchess Dowager of Hanover (lived 1630-1714), may succeed to the throne. Furthermore, the individual must be a legitimate child of a lawful marriage. Under the Royal Marriages Act of 1772, all descendants of King George II (except the Sovereign him or herself, and descendants of Princesses who have married into foreign families) require the Sovereign's consent to marry. If the consent is denied, then the individual may make a declaration of intent to marry in any event, and may contract the marriage unless both Houses of Parliament require otherwise.

There are also several religious qualifications; any person who does not meet them is considered "naturally dead." Only Protestants who have never married a "Papist" (Roman Catholic) may succeed to the throne (there is no prohibition on marriage to persons of any other religion). The Sovereign must be in full communion with the Church of England. Oaths to preserve the established Church of England and Church of Scotland, as well as the Protestant succession, must be sworn. These qualifications are personal, however; one is not disqualified if one's ancestor does not meet these requirements.

Domestic Role

In theory, the Sovereign is the supreme officer of the state. In practice, the Sovereign is a constitutional monarch, limited by conventions, traditions, common law and Acts of Parliament.

The Sovereign is the Head of State and performs functions normally associated with Heads of State, such as receiving credentials from foreign Ambassadors and sending credentials for British Ambassadors. The Sovereign, furthermore, hosts and entertains visiting Heads of States, and also, from time to time, makes State Visits. The Sovereign may also make treaties, but these have no effect in the United Kingdom except if given effect by an Act of Parliament. All of these functions are exercised on the advice of the Sovereign's ministers.

The Sovereign has the power to make law with the consent of Parliament. The formal title of the British Legislature is Queen-in-Parliament; all Acts of Parliament begin with the words "Be it enacted by the Queen's Most Excellent Majesty." All bills require the Assent of the Sovereign to become law. Since 1707, however, no Sovereign has refused to grant Royal Assent to any bill.

The Sovereign also has executive powers, which are always exercised on the advice of his or her ministers. The Sovereign has the power to appoint a Prime Minister, but in practice, the leader of the largest party in the House of Commons is usually appointed to the post. All ministers are appointed by the Sovereign upon the advice of the Prime Minister.

Furthermore, the Sovereign is the Head of the Armed Forces. The Sovereign has the sole power to declare war and make peace, but again, this is done upon the advice of the Government ministers. In addition, the Sovereign serves as the Supreme Governor of the Church of England, the established Church in England. In Scotland, the Sovereign is a regular member of the established Church of Scotland, which holds that its head is Jesus Christ. One part of the Sovereign's official title is Defender of the Faith.

Another role of the Sovereign is Fountain of Honour. All dignities and honours, including peerage titles, knighthood and membership of orders of chivalry, stem from the Sovereign. In most cases, appointments are made upon the advice of the Prime Minister. Some high honours (such as membership of the Order of the Garter, the highest order of chivalry in England,) however, are traditionally awarded by the Sovereign alone.

The Sovereign is also considered the Fount of Justice. Prosecutions are instituted in the name of the Sovereign. Judges are appointed by and derive their authority from the Crown, though they cannot be dismissed except upon a "prayer" by both Houses of Parliament. Prisons are "Her Majesty's Prisons" and prisoners are held "during Her Majesty's pleasure." These roles, however, are ceremonial and all appointments are in practice made by ministers. The Sovereign, furthermore, cannot be charged in any British court or convicted of any crime.

International Role

The British Sovereign is also the Sovereign of certain other Commonwealth Realms: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Solomon Islands and Tuvalu. Each of these nations is a separate monarchy; the Sovereign therefore holds sixteen different crowns. In each nation, the Sovereign is represented by a Governor-General, who is bound by conventions just like the Sovereign is. The Governor-General, therefore, only acts on the advice of ministers. The local government, not the British government, advises the Governor-General.

In addition, the Sovereign is ruler of certain Crown dependencies: the Channel Islands and the Isle of Man. The British government acts for them in the areas of war and foreign policy. They are not, however, part of the United Kingdom; rather, they are dependencies of the British Crown.

Finally, the Sovereign serves as Head of the Commonwealth. The Commonwealth is a body of nations that include former British colonies; in some cases, however, nations that were never under British rule have been admitted. The role of Head of the Commonwealth is a personal role of the present monarch, Elizabeth II, and is not attached to the monarchy. The role is only a ceremonial one and carries with it no power.

Royal Family

The Sovereign's family do not have a specific role in government, though they do exercise ceremonial functions. If the Sovereign is a male, then his wife is a Queen, but there is no specific style for the husband of a female Sovereign. (Since the Sovereign is the Fountain of Honour, she could make her husband a Prince.) The Sovereign's eldest son and heir is automatically the Duke of Cornwall; he is normally created Prince of Wales and Earl of Chester before reaching adulthood. The style of Prince or Princess extends to the children of the Sovereign, the children of the sons of the Sovereign and the eldest son of the eldest son of the Prince of Wales. Furthermore, wives of Princes are styled Princesses, though husbands of Princesses may not be Princes. By convention, the Sovereign's sons also receive a peerage either upon turning twenty-one or upon marrying.