The British Monarchy Miscellany
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recommends that an early general election should be 523
held as it happened in 2017. On dissolving a parliament, the monarch immediately issues writs to summon a new parliament via a general election.
Royal Assent
For an Act of Parliament to come into force, it must receive Royal Assent from the monarch. According to the current convention, the monarch gives or withholds
Royal Assent only on the advice of the Cabinet. In
practice however, since Parliament is meant to reflect the will of the nation, the monarch never withholds Royal Assent to laws that have been passed in good faith by a majority of the House of Commons and the House of
Lords, even if the Cabinet does not support them. It is important to note however that the monarch still retains in theory the power to veto laws that could seriously harm the nation, with or without the advice of the
Cabinet, should there be a need. Royal Assent today is given in writing, and a bill becomes law once the Assent is communicated to both Houses of Parliament. The last monarch to refuse Royal Assent was Queen Anne on 11
March 1708. On the advice of her council, Anne refused to assent to a bill forming a separate militia for Scotland after the Act of Union of 1707, for fear that it would provoke disloyalty and harm the new Union.
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The Privy Council
The Privy Council is the oldest legislative body in the country, its roots laying in the group of counsellors that used to advise the monarch in medieval times. Its
functions were taken over by the Cabinet in the 18th century, however the Council continues to exist today as an official body used to gain royal consent for
government decisions that do not require a Parliament Act. It is made up mostly of government members and usually meets once a month in Buckingham Palace where the monarch gives official approval to measures that have already been agreed by ministers. The Privy
Council’s main business includes government and civil service appointments, decisions regarding the Armed Forces, and laws affecting Crown Dependencies and
Overseas Territories. It also approves and reviews Royal Charters for a wide variety of institutions like universities, professional bodies, towns and cities, the Bank of
England, and the BBC. Since Queen Victoria’s reign
meetings of the Privy Council have been held standing up to keep meetings short, with the monarch giving consent to individual measures by simply saying ‘Approved’.
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THE MONARCH’S
CONSULTATIVE FUNCTIONS
As formulated by Walter Bagehot in the 19th century, the monarch today retains three rights: the right to be consulted, the right to encourage, and the right to warn.
These consultative functions are performed in several ways including the following:
Government Red Boxes
The monarch receives government documents on a daily basis, including Cabinet papers, parliamentary
summaries, diplomatic and foreign dispatches, and other state items. They are famously delivered in red boxes, and access to them is limited to the monarch and the royal Private Secretary. Some of the documents require the Monarch’s formal signature, but many of them are simply sent to keep the Monarch informed on what the government and Parliament are doing in domestic and foreign affairs, and so fulfil the Monarch’s right to be consulted.
Ministerial Audiences
When in London, the monarch has as a weekly audience, or meeting, with the Prime Minister, and occasional meetings are also arranged when the monarch is staying 526
outside of London. During these audiences the Prime Minister informs the monarch about any government
business, the issues of the day, and any other subject they might want to discuss. It is during these meetings that the Monarch exercises the right to warn and
encourage by offering his or her views. To protect the monarch’s right to warn and encourage without
interference no one is present during these meetings except the monarch and the Prime Minister, no notes are taken, and no information is divulged on what has been discussed. Similar meetings are also held from time to time between the monarch and other Cabinet members, as well as with the heads of the Armed Forces. In all cases, the monarch’s views and wishes are not
enforceable.
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SCOTLAND, WALES AND NORTHERN IRELAND
Ever since the Scottish Parliament and Welsh Assembly were established in 1999, the monarch has exercised functions for those devolved governments similar to those exercised at the national level:
The monarch appoints the Scottish First Minister and Welsh First Minister, following elections; and holds regular audiences with each First Minister.
The monarch grants Royal Assent to legislation
passed by the Scottish Parliament and Welsh
Assembly, and is sent regular documents from both
assemblies in red government boxes.
The monarch is invited to open new sessions of the assemblies after each new election. Queen Elizabeth II has opened most new sessions of the Scottish
Parliament and the Welsh Assembly since 1999.
The monarch holds similar constitutional functions in Northern Ireland, like granting Royal Assent to legislation, but does not have active involvement in the workings of the Northern Ireland Assembly. The monarch does not open new sessions of the Assembly nor hold regular
audiences with the Northern Irish First Minister, though occasional informal audiences may be held.
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THE ROYAL FAMILY AND VOTING
Although there is no law prohibiting them from doing so, neither the monarch nor other members of the Royal
Family vote in general or local elections. In general elections the monarch must remain politically neutral as he or she will be appointing as Prime Minister the leader of whichever party gets the most votes. In other elections or referendums the monarch must remain neutral to
provide a focus of unity and stability across party lines.
The heir to the throne must abide by the same rules binding the monarch, while other members of the Royal Family abstain from voting to protect the monarchy’s political neutrality.
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Most Prime Ministers
for a Monarch
The office of the Prime Minister (previously, and officially, called First Lord of the Treasury) was created between 1721-1742 by Robert Walpole, who served Kings George I and George II. Since then, there have been 54 persons serving as Prime Ministers to 10 monarchs. Listed below are the three monarchs who have had the most Prime
Ministers as of May 2018.
1. George III
Reign: 1760-1820
14 Prime Ministers
W= Whig
T=Tory
Thomas Pelham-Holles,
Duke of Newcastle
1757-1762 W
John Stuart, Earl of Bute
1762-1763 T
George Grenville
1763-1765 W
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Charles Watson-Wentworth,
Marquess of Rockingham
1765-1766 W
1782
William Pitt the Elder, Earl of Chatham 1766-1768 W
Augustus FitzRoy, Duke of Grafton
1768-1770 W
Frederick, Lord North
1770-1782 T
William Petty-FitzMaurice,
Earl of Sherbourne
1782-1783 W
William Cavendish-Bentinck,
Duke of Portland
1783
W
1807-1809
William Pitt the Younger
1783-1801 T
1804-1806
Henry Addington
1801-1804 T
William Wyndham Grenville,
Lord Grenville
1806-1807 W
Spencer Perceval
1809-1812
T
Robert Banks Jenkinson,
Earl of Liverpool
1812-1827 T
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2. Elizabeth II
Reign: 1952- present
13 Prime Ministers
C= Conservative La=Labour
Sir Winston Churchill
1951-1955 C
Sir Anthony Eden
1955-1957 C
Harold Mcmillan
1957-1963 C
Sir Alec Douglas-Home
1963-1964 C
Harold Wilson
1964-1970 La
1974-1976
Edward Heath
1970-1974 C
James Callaghan
1976-1979 La
Margaret Thatcher
1979-1990 C
John Major
1990-1997 C
Tony Blair
1997-2007 La
Gordon Brown
2007-2010 La
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David Cameron
2010-2016 C
Theresa May
2016-
C
3. Victoria
Reign: 1837-1901
10 Prime Ministers
W= Whig
C= Conservative Li=Liberal
P=Peelite
William Lamb, Viscount Melbourne
1835-1841 W
Sir Robert Peel
1841-1846 C
Lord John, Earl Russell
1846-1852 W
1865-1866 Li
Edward Smith-Stanley, Earl of Derby 1852
C
1858-1859
1866-1868
George Hamilton-Gordon,
Earl of Aberdeen
1852-1855 P
Henry John Temple,
Viscount Palmerston
1855-1858 W
1859-1865 Li
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Benjamin Disraeli
1868
C
1874-1880
William Ewart Gladstone
1868-1874 Li
1880-1885
1886
1892-1894
Robert Gascoyne-Cecil,
Marquess of Salisbury
1885-1886 C
1886-1892
1895-1902
Archibald Primrose, Earl of Roseberry 1894-1895 Li Note: Despite the lower number of individuals, Queen Victoria had the greatest turnaround of Prime Ministers for any monarch: 20 changes throughout her reign.
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The Oath of Allegiance
The Oath of Allegiance is used to swear loyalty to the monarch. It is required from people wishing to become British citizens as well as from individuals in the United Kingdom who wish to take up certain public or civic positions. Its most basic form was standardized in 1868
and currently is as follows:
I (name) swear by Almighty God that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth II,
her Heirs and Successors, according to law.
The name and gender of the monarch in the oath is
changed at the beginning of each reign. People of non-Christian faiths can replace the words ‘I swear by
Almighty God’ with an acceptable alternative. Those objecting to swearing a religious oath can choose to take a solemn affirmation of allegiance instead which has slightly different words:
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I (name) do solemnly, sincerely, and truly declare and affirm that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her Heirs and Successors, according to law.
The Oath of Allegiance is currently required to be sworn by the following categories of people:
(Note: this is not a complete list)
New British Citizens
Taken during citizenship ceremonies.
Members of the House of Commons
Taken after a general election or by-election. Until the oath is taken MPs may not receive a salary, take their seat, speak in debates or vote.
Members of the House of Lords
Taken on introduction to the House, and then at each new Parliament. Until the oath is taken Lords may not sit, receive a salary or vote in the House of Lords.
Note: there is no separate Oath of Allegiance taken by the Prime Minister and members of the Cabinet on taking up their offices as they normally already take the Oath as members of the House of Commons, or members of the House of Lords. Any member of the Cabinet who is not a member of either house however must swear the oath.
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All Members of Parliament on the ‘Demise of the
Crown’
When a monarch dies (or otherwise abandons the
throne), all members of Parliament are required to swear a new oath to the new monarch.
Members of the Scottish Parliament and of the Welsh Assembly
Taken after each election. Members of the Northern
Ireland Assembly are not required to take an oath of allegiance.
Judges and Magistrates in England and Wales
A second judicial oath is also taken after the Oath of Allegiance. Members of the Judiciary in Scotland and Northern Ireland do not take the Oath of Allegiance.
All Members of the British Armed Forces, including the British Army, Royal Air Force, Royal Marines, and Royal Navy.
Until recently members of the Royal Navy were not
required to take the Oath of Allegiance as the service was formed and still remains under the royal prerogative, therefore allegiance was implied. This changed recently and Royal Navy personnel are now asked to swear the Oath of Allegiance like the other branches of the Armed Forces.
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Clergy licensed, appointed or admitted into the Church of England
Includes archbishops, bishops, priests, deacons, and any other office in the Church of England. The oath is
required as the British monarch is the Supreme Governor of the Church of England.
Different Oaths of Allegiance to the Monarch:
Members of the Privy Council swear a much longer oath, over 240 words long, which refers several times to “The Queen's Majesty” (or “The King’s Majesty”) instead of the monarch’s actual name.
Police Officers in England and Wales swear a longer oath which currently starts with the words “I ( name) solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of ....” Police Officers’ oaths in Scotland and Northern Ireland do not have references to the monarch.
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The Monarchy
and the Law
Beginning in Anglo-Saxon times, English kings took an active role in the development of English law and in establishing a uniform justice system in England. One of the first major legal codes of Anglo-Saxon England was compiled by Alfred the Great in the late 9th century, and his grandson Aethelstan later introduced penal reforms.
Henry I established a central legal system and appointed the first itinerant judges; Henry II oversaw a
reorganisation of secular and church law, and authorised the first jury systems; and Edward I introduced a major codification of all English laws during his reign. In addition, medieval kings often judged cases while
travelling throughout the kingdom and appointed judges to act on their behalf, establishing the principle that the monarch is the source of law and the guarantor of justice.
This personal involvement ended following the Glorious Revolution in 1688-89 and today an independent
judiciary administers justice on the monarch’s authority, with the monarch having no personal involvement in the judicial process. The historical importance of the
sovereign in the administration of justice however is 539