Reflecting on HRH The Prince of Wales’s Role as Heir to the Throne

sketch.1541418351959To mark the Prince of Wales’s 70th Birthday, Robert Hazell reflects on the difficult role of Heir to the Throne, with reference to the roles of heirs apparent in other Western European monarchies. This comparative material has been assembled as part of our preparation for a forthcoming conference on monarchies in western Europe, to be held next March.

The Prince of Wales is 70 years old today. At an age when most people are comfortably enjoying their retirement, Prince Charles is still preparing to assume the role for which he has been waiting almost all his life. He became heir to the throne in 1952, and so far his apprenticeship has lasted 67 years. In 2011 he became the longest serving heir apparent in British history, overtaking King Edward VII, who spent 59 years in the role.

That is one of the difficulties of being heir apparent: a very long and uncertain period of waiting. Another is that the role is unspecified. The constitution is silent about the role; so it is left to each heir apparent to make of it what they can. Some, like Edward VII, have pursued wine, women and song (and gambling, shooting and racing); others like Prince Charles have a more serious bent, and want to make a contribution to the public good. The difficulty is to find a way of contributing to public life without becoming embroiled in political controversy. Continue reading

Ten things to know about the next Accession and Coronation

robert.hazell.350x350com.google.Chrome.j5urj9Last month Robert Hazell and Bob Morris published two reports about the next Accession and Coronation, which were discussed in a previous blog. Along the way they gathered a lot of extra information, which has now been published on the Monarchy pages of the Constitution Unit website. The following represents a selection of the most frequently asked questions.

1. Will Prince Charles become King Charles III?

Not necessarily. He is free to choose his own regnal title. King Edward VII chose Edward as his regnal title, although hitherto he had been known by his first name of Albert. King Edward VIII also chose Edward as his regnal title, although he was known to his family and friends as David. Prince Charles’s Christian names are Charles Philip Arthur George. Instead of becoming King Charles he might choose to become King George VII, or King Philip, or King Arthur, although Clarence House has denied this in the past.

2. Will the Duchess of Cornwall become Queen Camilla?

Under common law the spouse of a King automatically becomes Queen. But there are two possible reasons why Camilla, who is currently the Duchess of Cornwall, might not assume the title. The first is the argument voiced by the Daily Mirror and Mail Online, that Camilla cannot become Queen because her 2005 civil marriage to Prince Charles was not valid. The argument runs as follows: because the Marriage Acts from 1753 have explicitly excepted royal marriages from their provisions, the only valid marriage which a member of the royal family could contract in England was a religious marriage in the Church of England. The Lord Chancellor in 2005 defended the validity of the Prince’s civil marriage, as did the Registrar General. But if Camilla became Queen, it might provoke further legal challenges. Continue reading

The Crown: What does Netflix’s dramatisation and the celebritisation of an evolving monarchy mean for the royal family in 2018?

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With Prince Philip now retired from his public role and Prince Harry set to marry an American actor in the spring, the royal family has entered 2018 in the midst of a period of change. Yet change is nothing new; the monarchy is constantly evolving. Bob Morris asks where does it now stand and what further changes may be expected? He also discusses the historical accuracy and cultural impact of the popular Netflix drama, ‘The Crown’. 

As the monarchy enters 2018, unavoidable demographic effects are becoming more apparent. The Queen is now 91 and Prince Philip has announced his retirement from official duties at the age of 96. The Queen remains commendably diligent in her public duties, notching up nearly 300 engagements in 2017, although none of those took place abroad. There it is evident that the Prince of Wales (himself close now to 70) has increasingly taken up the burden, assisted principally by the Duke of York and the Princess Royal. As in recent years, the latter continues to be the busiest member of the family for domestic engagements.

There continue to be small, mostly low-voiced susurrations of speculation about whether the Queen will herself ‘retire’ in some way when, for example, she reaches her husband’s age; whether she will be succeeded by Prince William rather than by Prince Charles; whether the new king would remain Head of the Commonwealth; and at what point any of the fifteen Commonwealth states where the Queen remains monarch (known as the realms) will turn themselves into fully-fledged republics. Continue reading

The Emperor of Japan, Prince Philip and the ‘a’ word

Two recent announcements – the Japanese government’s agreement to the Emperor’s wish to abdicate and Prince Philip’s retirement from public life, both on grounds of advancing age – highlight the fact that there is no continuing provision for abdication in UK law. Bob Morris considers the implications of this and suggests that there may be a case for change.

The Japanese government has agreed to the request of the current Emperor of Japan, Akihito, to abdicate on grounds of age and growing infirmity – he is now 84 years old. Prince Philip, 96 this year, announced on 4 May that he would be withdrawing from public life later this year on grounds not dissimilar to those of the Emperor. What are the implications, if any, for the United Kingdom monarchy?

Abdication – background

The problem for Japan is that Japanese law does not allow for abdication. The last abdication took place 200 years ago and there are no precedents for how a retired Emperor should be styled or otherwise accommodated in the political system. Moreover, revisiting the succession rules was likely also to come up against their continuing ban on female succession when male only succession has prevailed for 2,600 years. A Commission study of the issues reported on 14 April recommending a one-off law for Akihito alone – he would be given the title of ‘Grand Emperor’ – rather than a continuing provision. The gender issue, even though there is a shortage of male heirs, was ducked.

In continental Europe the experience is more varied. Dutch Queens from Queen Wilhelmina in 1948 have abdicated at around 70 – Queen Beatrix most recently at 75 in 2013 – in ways which permit their heirs to grow their families in relative freedom and privacy before taking on full public duties in maturity. (The current King Willem-Alexander succeeded at age 46.) There have been abdications in Spain, Belgium and Luxembourg. Particularly notable was the retirement of Pope Benedict in 2013. There have not been age-based abdications in Scandinavia where, so far, only two sovereigns (Norwegian kings) have exceeded 90 on death.

The position in the UK

There is no continuing provision for abdication in UK law. Further, the circumstances of the last abdication – that of Edward VIII in 1936 – continue to be of painful memory in the House of Windsor. As is well known, Queen Elizabeth II has repeatedly declared her intention of serving for the whole of her life. Now herself 91, the fact of her husband’s ‘retirement‘ at nearly 96 raises the question what sort of withdrawal (partial or otherwise) might be appropriate for her when she reaches a similar age retaining her faculties but experiencing at least the physical frailties of advanced old age.

The present law offers two possible routes: regency and abdication. However, neither route is entirely straightforward. It has also to be borne in mind at all times that the UK sovereign is simultaneously head of state in fifteen other Commonwealth countries, known as the ‘realms’. For both routes the appointment of a regent or succession of an heir in such exceptional circumstances would require acceptance in each of the fifteen realms in order to ensure that they all have the same sovereign. A number of the realms would need to legislate – a particular difficulty in federal systems such as Canada and Australia.

It is possible, of course, that abdication particularly might encourage some realms to become republics. However, as Buckingham Palace has previously made clear, that is and always has been a matter for the realms concerned. Its avoidance cannot, therefore, be an object of UK policy or the prospect therefore of an impediment to responding to a personal need.

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Reigns in Spain and the ‘A’ word (again) in the UK

Robert Morris explains why the abdication of the Spanish King is unlikely to lead to a similar move by Queen Elizabeth II.

The recent announcement of the abdication of King Juan Carlos of Spain in favour of his heir, Felipe, has renewed discussion about abdication in the UK. Indeed, the abdicating King – anxious no doubt to make the best of a not very happy job – is reported as saying: ‘I don’t want my son to grow old waiting like Prince Charles’. Despite substantial demonstrations in favour of a republic, the abdication seems to be proceeding.

Will it happen here? Will Elizabeth II make way for her heir, Prince Charles? The present consensus is that it will not. This is hardly news. But there are two new twists offered on the usual account that it will not happen because the Queen believes she has to serve for the whole of her life.

Religion makes abdication impossible

The first twist is the suggestion by the Daily Telegraph that abdication is actually impossible because, unlike the Spaniards, the Queen has been consecrated in the religious ceremony of the coronation and the British monarchy is therefore ‘a sacerdotal system’. This was not the case with her uncle, Edward VIII, because he left the throne before becoming an anointed ruler as the result of a coronation ceremony. He was, however, undoubtedly King – a fact of law in no way dependent on coronation. This fact may be taken to emphasise that in UK law the sovereign occupies first and foremost a secular public office.

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