Learning Outcomes
After reading this article, you will be able to explain the constitutional significance of the Crown in the UK, distinguish between the legal persona of the Crown and the individual monarch, identify the scope and limits of prerogative powers, and analyse how conventions and statute shape the Crown’s role in the executive, legislative, and judicial branches. You will also be able to apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the constitutional significance of the monarch and the Crown. In your revision, focus on:
- the legal persona of the Crown and its distinction from the individual monarch
- the scope and limitations of royal prerogative powers
- the relationship between prerogative powers and statute
- the Crown’s role in the executive, legislative, and judicial branches
- the importance of constitutional conventions in limiting the Crown’s powers
- how recent reforms and judicial decisions have affected the Crown’s constitutional functions
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 the legal persona of the Crown and the individual monarch?
- Name two areas where prerogative powers are still exercised by the Crown.
- How can Parliament limit or abolish prerogative powers?
- What is the constitutional convention regarding the monarch’s role in granting Royal Assent to legislation?
- True or false? The courts can always review the exercise of prerogative powers.
Introduction
The Crown is a central concept in the UK constitution, representing the legal authority of the state and supporting the operation of government. Understanding the Crown’s constitutional significance is essential for SQE1, as it affects the distribution of power, the separation of powers, and the relationship between statute and prerogative. This article explains the legal persona of the Crown, the scope and limits of prerogative powers, the Crown’s role in state institutions, and the importance of conventions and reforms.
The Legal Persona of the Crown
The Crown is not simply the reigning monarch but a legal entity that endures regardless of changes in the individual sovereign. This legal persona, known as a corporation sole, ensures the continuity of the state and allows government to function without interruption.
Key Term: corporation sole A legal entity consisting of a single office that continues in law regardless of the individual who occupies it. The Crown is a corporation sole, ensuring the state’s continuity.
The distinction between the Crown and the individual monarch is fundamental. The Crown acts as the legal source of executive, legislative, and judicial authority, while the monarch as a person has limited personal powers.
The Royal Prerogative: Scope and Limits
The royal prerogative is the residue of powers historically exercised by the monarch, now mostly exercised by government ministers in the name of the Crown. These powers exist alongside statutory powers and cover areas such as foreign affairs, defence, and the summoning or dissolution of Parliament.
Key Term: royal prerogative Customary powers belonging to the Crown, exercised by ministers, and not derived from statute. Prerogative powers are limited by statute and judicial review.
Areas of Prerogative Power
Key prerogative powers include:
- Conducting foreign affairs (e.g., making treaties, declaring war)
- Appointing the Prime Minister and ministers
- Granting Royal Assent to legislation
- Summoning, proroguing, and dissolving Parliament
- Granting honours and pardons
Statutory and Judicial Limits
Parliament can abolish or restrict prerogative powers by statute. When statute and prerogative overlap, statute prevails. The courts can review the existence and, in some cases, the exercise of prerogative powers, especially where individual rights are affected.
Key Term: parliamentary sovereignty The principle that Parliament is the supreme legal authority, able to create or end any law, and override prerogative powers.
Key Term: judicial review The process by which courts examine the lawfulness of actions by public bodies, including the exercise of prerogative powers.
Worked Example 1.1
A government minister wishes to use prerogative powers to introduce a new compensation scheme for flood victims, even though no statute covers this area. Is this lawful?
Answer: Yes, the government may use prerogative powers to introduce a non-statutory scheme if no statute covers the area, but Parliament must vote the necessary funds. If a statute exists, the government cannot use prerogative powers to act inconsistently with it.
The Crown’s Role in State Institutions
The Crown is present in all three branches of government:
Executive
Ministers exercise executive powers in the name of the Crown. The doctrine of ministerial responsibility ensures that ministers are accountable to Parliament for actions taken under the Crown’s authority.
Legislature
The Crown-in-Parliament consists of the monarch, the House of Commons, and the House of Lords. Legislation requires the assent of all three, symbolising the constitutional partnership between the monarchy and Parliament.
Judiciary
Courts operate under the authority of the Crown. Criminal prosecutions are brought in the name of the Crown (e.g., R v Smith). Judicial independence ensures that judges decide cases free from external influence, including that of the Crown.
Constitutional Conventions and the Crown
Conventions are unwritten rules that guide the Crown’s actions and ensure that power is exercised in accordance with democratic principles.
Key Term: constitutional convention A non-legal rule that governs constitutional behaviour and is regarded as binding, but is not enforceable by the courts.
Acting on Ministerial Advice
By convention, the monarch acts on the advice of the Prime Minister and ministers. This ensures that elected officials, not the monarch, direct government policy.
Political Neutrality
The monarch remains politically neutral and does not intervene in party politics. This preserves public confidence in the monarchy and the constitution.
Royal Assent
By convention, the monarch does not refuse Royal Assent to bills passed by Parliament. The last refusal was in 1707.
Worked Example 1.2
Parliament passes a controversial bill. The Prime Minister advises the monarch to grant Royal Assent, but the monarch personally disagrees with the bill. What should happen?
Answer: By convention, the monarch must grant Royal Assent when advised by the Prime Minister, regardless of personal views.
Recent Reforms and Judicial Developments
The Crown’s constitutional role has changed through statute and judicial decisions.
Dissolution of Parliament
The Fixed-term Parliaments Act 2011 limited the Crown’s power to dissolve Parliament. The Dissolution and Calling of Parliament Act 2022 repealed this, restoring the prerogative power to dissolve Parliament.
Succession to the Crown
The Succession to the Crown Act 2013 modernised succession rules, removing male preference and religious restrictions.
Judicial Review of Prerogative Powers
Courts can review the existence and, in some cases, the exercise of prerogative powers. In R (Miller) v The Prime Minister [2019], the Supreme Court held that the government’s prorogation of Parliament was unlawful because it frustrated parliamentary sovereignty.
Exam Warning
In SQE1, be careful to distinguish between the legal powers of the Crown and the conventions that limit their use. The courts will not enforce conventions, but they are essential for understanding how the constitution operates in practice.
Summary
The Crown is a legal entity that represents the authority of the state and ensures continuity of government. Its prerogative powers are now mostly exercised by ministers and are limited by statute, judicial review, and constitutional conventions. The Crown’s role in the executive, legislature, and judiciary is central to the UK’s constitutional structure. Conventions ensure that the Crown acts in accordance with democratic principles, and recent reforms and judicial decisions have clarified and limited the scope of prerogative powers.
Key Point Checklist
This article has covered the following key knowledge points:
- The Crown is a legal entity distinct from the individual monarch, ensuring continuity of the state.
- Prerogative powers are customary powers exercised by ministers in the name of the Crown and are limited by statute and judicial review.
- Parliament can abolish or restrict prerogative powers; statute prevails over prerogative.
- The Crown’s authority supports the executive, legislative, and judicial branches.
- Constitutional conventions require the Crown to act on ministerial advice and maintain political neutrality.
- Royal Assent is granted by convention and is not refused.
- Recent reforms and judicial decisions have clarified and limited the Crown’s constitutional role.
Key Terms and Concepts
- corporation sole
- royal prerogative
- parliamentary sovereignty
- judicial review
- constitutional convention
