Learning Outcomes
After reading this article, you will be able to explain the constitutional role of the monarch in the UK, distinguish between legal powers and conventions, identify the scope and limits of the royal prerogative, and analyse how courts and Parliament constrain the Crown’s authority. You will also be able to apply these principles to realistic SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the role of the monarch and the Crown within the UK’s constitutional framework. Focus your revision on:
- the constitutional functions of the monarch as head of state
- the distinction between legal powers and constitutional conventions
- the nature and scope of the royal prerogative
- the relationship between the Crown, Parliament, and the courts
- judicial review of prerogative powers and their legal limits
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the difference between a legal power of the monarch and a constitutional convention?
- Name two key royal prerogative powers still exercised by government ministers today.
- Can the courts review the exercise of royal prerogative powers? If so, in what circumstances?
- True or false? The monarch may refuse Royal Assent to a Bill passed by both Houses of Parliament.
- What is the significance of the Case of Proclamations (1611) for the limits of the monarch’s authority?
Introduction
The monarch is the formal head of state in the United Kingdom, a position shaped by centuries of law and convention. While the monarch’s role is largely ceremonial, it remains central to the UK’s constitutional structure. The monarch’s powers are defined by a combination of statute, common law, and constitutional conventions. Most legal powers are now exercised by government ministers in the monarch’s name, and are subject to important legal and political limits.
The Monarch’s Constitutional Role
The monarch’s constitutional functions are both symbolic and practical. Key duties include:
- Appointing the Prime Minister and other ministers
- Summoning, proroguing, and dissolving Parliament
- Granting Royal Assent to legislation
- Representing the UK internationally
- Bestowing honours and titles
- Exercising the prerogative of mercy (pardons)
However, these functions are not exercised at the monarch’s personal discretion. Instead, they are performed in accordance with established constitutional conventions and on the advice of government ministers.
Key Term: constitutional convention A non-legal rule that guides the conduct of the Crown and government officials, regarded as binding in practice but not enforceable by the courts.
Legal Powers and Constitutional Conventions
The UK constitution distinguishes between legal powers (which are enforceable in law) and conventions (which are not). For example, the monarch has the legal power to refuse Royal Assent to a Bill, but by convention always grants it when advised by ministers. Similarly, the monarch appoints the Prime Minister, but by convention must choose the person able to command a majority in the House of Commons.
Key Term: Royal Assent The formal approval given by the monarch to a Bill passed by Parliament, required for it to become law.
Key Term: ministerial advice The principle that the monarch acts on the advice of government ministers, particularly the Prime Minister, rather than exercising personal discretion.
The Royal Prerogative
The royal prerogative consists of the residual powers historically held by the Crown, now mostly exercised by ministers. These powers exist at common law and do not require statutory authority. Key prerogative powers include:
- Conducting foreign affairs (making treaties, recognising states)
- Deploying the armed forces
- Issuing and withdrawing passports
- Granting honours
- Appointing ministers and judges
- Proroguing and dissolving Parliament (now revived after the repeal of the Fixed-term Parliaments Act 2011)
- Granting pardons
Key Term: royal prerogative The remaining discretionary powers of the Crown recognised by common law, now largely exercised by government ministers.
Limits on the Monarch’s Authority
The monarch’s legal powers are subject to important limits:
- Statute can override or abolish prerogative powers. For example, the Crown Proceedings Act 1947 removed the Crown’s immunity from civil claims.
- No new prerogative powers can be created. The Case of Proclamations (1611) established that the monarch cannot create new prerogative powers or change the law without Parliament.
- Courts can determine the existence and scope of prerogative powers. In BBC v Johns [1965], the court refused to recognise a new prerogative power for the BBC.
- Exercise of prerogative powers may be subject to judicial review. In R (Miller) v The Prime Minister [2019], the Supreme Court held that the Prime Minister’s advice to prorogue Parliament was unlawful because it frustrated Parliament’s constitutional functions.
Key Term: judicial review The process by which courts review the lawfulness of actions or decisions by public bodies, including the exercise of prerogative powers.
Key Term: Case of Proclamations (1611) A landmark case confirming that the monarch cannot create new prerogative powers or change the law without Parliament’s consent.
Constitutional Conventions and Political Neutrality
The monarch’s actions are guided by conventions that ensure political neutrality and democratic accountability. Key conventions include:
- The monarch acts only on ministerial advice.
- Royal Assent is always granted to Bills passed by Parliament.
- The monarch appoints as Prime Minister the person able to command a majority in the Commons.
- The monarch does not intervene in party politics or express political opinions.
These conventions are not legally enforceable, but are regarded as binding in practice. If breached, they may cause a constitutional crisis, but the courts will not intervene.
Worked Example 1.1
Scenario: The government passes a controversial Bill through both Houses of Parliament. The monarch personally disagrees with the policy and considers refusing Royal Assent. Can the monarch lawfully refuse?
Answer: Legally, the monarch could refuse Royal Assent, but by constitutional convention must always grant it when advised by ministers. Refusal would breach convention and trigger a constitutional crisis, but the courts would not intervene.
Worked Example 1.2
Scenario: The Prime Minister advises the monarch to dissolve Parliament for a general election. Is the monarch required to comply?
Answer: By convention, the monarch acts on the Prime Minister’s advice and must grant a dissolution. The legal power exists, but it is exercised only as advised.
Judicial Review of Prerogative Powers
While the existence and scope of prerogative powers are determined by the courts, not all exercises of prerogative are reviewable. Courts will not review “high policy” matters such as treaty-making or national security. However, where prerogative powers affect individual rights or frustrate constitutional principles, courts may intervene.
Worked Example 1.3
Scenario: The government seeks to use the prerogative to make a treaty that would remove domestic legal rights. Can this be done without Parliament?
Answer: No. In R (Miller) v Secretary of State for Exiting the European Union [2017], the Supreme Court held that prerogative powers cannot be used to change domestic law or remove statutory rights—Parliamentary approval is required.
Exam Warning
The courts will not enforce constitutional conventions, even if they are widely regarded as binding. If a scenario involves a breach of convention (such as refusing Royal Assent), the legal remedy is political, not judicial.
The Monarch and Modern Governance
The monarchy’s role continues to develop. Parliament can legislate to change the rules of succession or further limit royal powers. The Succession to the Crown Act 2013, for example, ended male preference in succession. The monarchy remains a symbol of continuity and national identity, but its legal powers are tightly constrained by law and convention.
Key Point Checklist
This article has covered the following key knowledge points:
- The monarch is the UK’s formal head of state, with powers defined by law and convention.
- Most legal powers of the Crown are exercised by government ministers under the royal prerogative.
- Constitutional conventions require the monarch to act on ministerial advice and maintain political neutrality.
- The royal prerogative is limited by statute and subject to judicial review in certain circumstances.
- Courts will not enforce conventions, but may review the existence and scope of prerogative powers.
- Parliament can legislate to change or abolish royal powers, including succession.
Key Terms and Concepts
- constitutional convention
- Royal Assent
- ministerial advice
- royal prerogative
- judicial review
- Case of Proclamations (1611)
