Planning for the next Accession and Coronation

 

robert.hazell.350x350com.google.Chrome.j5urj9Robert Hazell and Bob Morris have been examining the accession and coronation oaths the Queen’s successor will have to take once her reign comes to an end. Their research on the subject has led to two reports, both of which were published today. In this blogpost, they discuss their conclusions and call for both oaths to be rewritten to reflect a country that has changed significantly since they were last used.

The Constitution Unit has published two reports that look forward to the accession and coronation of the next monarch. This might be thought premature. But because so much has to be decided quickly, within 24 hours of the Queen’s death, it is important to spend time now considering the issues that will arise, before they have to be dealt with in the rush of a new reign. There will be no shortage of critics ready to snipe at the new monarch and their government if anything goes wrong; the more things can be thought through in advance, the better.

Our first report – Swearing in the new King: the Accession Declaration and Coronation Oathsis the product of a study conducted jointly by both of us. The report’s main findings and conclusions are:

  • On accession the new sovereign has to make three statutory oaths: the Scottish oath, to uphold the Presbyterian Church of Scotland; the Accession Declaration oath, to be a true and faithful Protestant; and the coronation oath, which includes promising to uphold the rights and privileges of the Church of England.
  • These oaths date originally from 1688-1707, when Catholic Europe was seen as an existential threat. In our more secular and pluralist society, the oaths need to be revised and updated; or dropped altogether.
  • Because the oaths are statutory, any significant revision would require fresh legislation; as would their repeal. To be in time for the next accession, legislation would need to be passed during the present reign.
  • Legislation could adapt each oath to its context. In a radical reformulation, the Scottish oath could become an oath about the Union; the Accession Declaration, traditionally made before parliament, could become an oath to uphold the constitution and our laws; and the coronation oath, in a ceremony watched by millions, could be an oath made to the people.
  • Our report offers three different reformulations of each oath, depending on how radical the government wishes to be. It may not be easy to reach consensus with the established churches, other faith groups, and civil society; ultimately the government has to decide.
  • If there is not the political will to legislate, the government should consider preparing a statement to give to parliament on accession explaining the historical reasons for the oaths, and how they are to be understood in modern times; with an accompanying briefing for the media.

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The marriage of Prince Harry and Meghan Markle: how will it impact the monarchy?

 

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On Saturday, the world turned on their televisions to watch the marriage ceremony of Prince Harry and Meghan Markle, who are now the Duke and Duchess of Sussex. Bob Morris offers his views on what the marriage could mean for the monarchy. This is the first in a small series of blogs about some constitutional aspects of the Monarchy.  The next is to be published on Wednesday 23 May and will complement two Unit reports on the coronation and accession oaths taken by British monarchs. 

‘A family on the throne … brings down the pride of sovereignty to the level of petty life… A princely marriage is the brilliant edition of a universal fact, and as such, it rivets mankind.’ [Bagehot, 1867]

Everyone will wish the couple well in their life together. Their wedding will have been watched by millions and enhanced the sense of continuity that the British monarchy can convey to an increasingly diverse population. Abroad it will equally delight and intrigue – how is it that a modern state can still indulge such celebrations? 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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The Queen at 90: the changing role of the monarchy, and future challenges

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To mark the celebrations of the Queen’s 90th birthday the Constitution Unit has published a new report that discusses the formal powers of the monarchy, and its wider role and functions. The report concludes by looking ahead to what further changes can be expected in the coming decades. It is summarised here by its authors, Robert Hazell and Bob Morris.

This week the Constitution Unit has published a report to mark the celebrations for the Queen’s 90th birthday, which discusses the formal powers of the monarchy, and its wider role and functions. The report also helps to set the scene for two new projects on the monarchy: the first, led by Bob Morris, is on the next accession and coronation, and the second, led by Robert Hazell, is to be a comparative study of the other monarchies of western Europe.

The changing role of the monarchy

0806161The report records how much the constitutional powers of the monarch have changed during the Queen’s reign, and her lifetime. All the important prerogative powers remaining in the hands of the monarch have been removed or severely restricted. The most important of the personal prerogatives are the power to appoint the Prime Minister; to summon and dissolve parliament; and to give royal assent to bills. We found that in exercising each of these powers, the monarch no longer has any effective discretion:

  • The constitutional conventions about the appointment of the Prime Minister have been codified in the Cabinet Manual, which explains that it is for the parties in parliament to determine who is best placed to command the confidence of the House of Commons, and communicate that clearly to the sovereign.
  • The prerogative power of dissolution was abolished by the Fixed-term Parliaments Act 2011. Parliament is now dissolved automatically after five years, or earlier if two thirds of MPs vote for an early election, or the government loses a no confidence motion. The power for the Prime Minister to ask the Queen for an early election has gone.
  • Royal assent to a bill has not been refused since 1707. It would only be withheld now (as then) on the advice of ministers.  That might happen with a minority government which could not otherwise prevent the passage of legislation against its wishes.

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‘Living with Difference’: The Butler-Sloss Commission’s report reflects the interests of its members rather than the public interest

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The Commission on Religion and Belief in Public Life published its report, ‘Living with Difference: Community, Diversity and the Common Good’, on 7 December. Bob Morris discusses the report, arguing that its recommendations reflect the nature of the Commission’s membership rather than an open-minded commitment to the interests of public life and policy.

The issue

Britain is experiencing considerable change in its religious landscape. Two quite different phenomena are taking place simultaneously: on the one hand, about half the population is prepared to say that it belongs to no religion, and on the other hand recent decades have seen the growth of the number of non-Christian religions present in what was formerly an almost wholly Christian country. In other words, Britain is experiencing both secularisation and pluralisation at the same time. As a result the question arises of how the country should adjust to the new situation. . In such discussions, religious bodies have displayed anxieties particularly about the place of religion in a more secularised ‘public sphere’.

What follows explains the nature of the Commission on Religion and Belief in British Public Life set up by the Woolf Institute to look at the issues, summarises its main recommendations, records some initial public reactions, and tries to assess – primarily from a constitutional point of view – what it might all be taken to mean.

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The Queen’s Sorpasso

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9 September 2015 marks the day Elizabeth II becomes the UK’s longest reigning monarch. Bob Morris takes this milestone as an opportunity to reflect on the evolution of the monarchy in relation to the constitution in recent years.

Today Queen Elizabeth II’s term exceeds Victoria’s and she becomes the nation’s longest reigning monarch. The institution she heads is not subject to any current serious challenge. Indeed, it is now probably as popular as it has ever been.

Milestones like this prompt reflection and the following attempts to consider what the present reign tells us about the monarchy and the constitution.

Resisting republicanism

To state the obvious first, the monarchy has survived. That should be regarded as an achievement in itself and not assumed to be a constitutional given. The very concept of monarchy is hardly attuned to the spirit of the times – increasingly egalitarian, democratic, undeferential, worldly, multicultural, secular. Some maintain that monarchy represents a vanished feudal worldview of fixed hierarchy, deference, social immobility and religious uniformity.

Despite these claims there is, apart from small sections of the chattering classes, no serious pressure to abolish the monarchy and replace it with a republic. With the possible exception of Australia, this appears to be the position too in the other former ‘settler’ dominions of Canada and New Zealand. Nor does a concerted move against the monarchy seem likely in the twelve other Commonwealth ‘realms’ of which the Queen is head of state. Polling support in the UK for a republic has only ever once – and in evanescent special conditions – just exceeded 20 per cent. Republicanism has yet to establish any real political traction.

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