Harry and Meghan: five lessons from the documentary about monarchy as a unique institution

The Duke and Duchess of Sussex (Harry and Meghan) have been open about the intrusion upon their privacy which followed the announcement of their relationship, as chronicled by a new documentary. Robert Hazell and Bob Morris argue that a lack of privacy is a common problem across European monarchies and reducing the size of the royal family might allow more of its members to escape their ‘gilded cage’.

Robert Hazell appeared in Episode 1 of the Netflix documentary, in an interview drawing on our book The Role of Monarchy in Modern Democracy (now available in paperback with a 30% discount for readers of this blog: use the code RMMD30). That was a comparative study of the other monarchies in Western Europe, as well as the UK: Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, and Sweden. It showed that monarchy makes extraordinary demands not just of the monarch, but of other close members of the royal family, whose lives are restricted from the moment of their birth.

The first and biggest restriction is that all royals suffer from constant intrusion of the press into their private lives. The worst cases come from the UK, where intense competition in the tabloid press has led to extraordinary invasions of their privacy. These range from Camillagate, when the People published a transcript of a late night conversation between Prince Charles and Camilla Parker-Bowles in 1993; to illegal hacking of the phones of staff to Prince William; to paparazzi using dangerous tactics to get photos of the two-year old Prince George.

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The accession and coronation of King Charles III

Before the accession of King Charles III, the Unit published two reports related to the accession of the new King: one on the accession and coronation oaths, and another on the coronation ceremony. Today the Unit has published revised versions of these reports. In this post, co-authors Robert Hazell and Bob Morris outline the reports’ conclusions and discuss how the coming coronation will be on a much smaller scale than the previous one, in a UK that is radically different from the Britain of 1953.

Five years ago we conducted a study of the accession and coronation oaths. These are three religious oaths which the new monarch is required by law to take at or soon after his accession. King Charles has already taken one, the Scottish oath, at the inaugural meeting of his Privy Council. He swore to uphold the Presbyterian church in Scotland in the following words:

I, Charles the Third by the Grace of God of the United Kingdom of Great Britain and of Northern Ireland, and of My other Realms and Territories, King, Defender of the Faith, do faithfully promise and swear that I shall inviolably maintain and preserve the Settlement of the True Protestant Religion as established by the laws of Scotland in prosecution of the Claim of Right and particularly an Act intituled an ‘Act for Securing the Protestant Religion and Presbyterian Church Government’ and by the Acts passed in both Kingdoms for the Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights and Privileges of the Church of Scotland: so help me God.

At his first state opening of parliament King Charles will take a second oath, under the Accession Declaration Act, to be a faithful Protestant; and at his coronation he will swear to uphold the rights and privileges of the Church of England. All three oaths are a hangover from an earlier age. Legally speaking none of the oaths are necessary. The Church of Scotland Act 1921 gave full parliamentary recognition to the Church’s status as a national church. The European Convention on Human Rights and the Human Rights Act 1998 contain strong guarantees of religious freedom. Nor can it be said that the oaths have any effect. Now that the sovereign has long ceased to be head of the executive, it seems odd that the King should be asked to swear to something which he has no power to enforce.

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Demise of the Crown: what happens next?

Queen Elizabeth II sadly died yesterday, bringing to a close the longest reign in British history. Robert Hazell and Bob Morris offer a brief guide to what happens next, as King Charles III prepares for both the funeral of his predecessor and his own coronation. They also explore how the new king will have to adapt to his changed constitutional status.

At the age of 96 and after a record-breaking reign of 70 years, Queen Elizabeth II has died. A life of service to which she committed herself as a young woman has ended:

I declare before you all that my whole life whether it be long or short shall be devoted to your service and the service of our great imperial family to which we all belong.

But I shall not have strength to carry out this resolution alone unless you join in it with me, as I now invite you to do: I know that your support will be unfailingly given. God help me to make good my vow, and God bless all of you who are willing to share in it.

[Concluding words of a speech from South Africa on her 21st birthday, 21 April 1947.] 

As we mark this anniversary, it gives me pleasure to renew to you the pledge I gave in 1947 that my life will always be devoted to your service.

[Accession Day 70th anniversary statement, 5 February 2022.]

There will be great public mourning for a woman who has been at the centre of the UK’s public life for so long, and many heartfelt tributes. It is not only for her longevity that she will be remembered, but also for her impeccable devotion to her public duties. In this post we explain what happens next, in terms of the accession of the new monarch, and plans for his coronation.  

Demise

Demise is the technical term which relates both to the death of a sovereign and the passage of the crown to the heir. It embodies the old common law maxim ‘Rex nunquam moritur’, that is to say that the sovereign may die, but the crown never does: the heir’s succession is immediate on the death or abdication of a predecessor, so as to preserve the continuity of government. Thus, Charles is already King.

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The Queen’s Platinum Jubilee: what does the future hold for the monarchy? 

The Platinum Jubilee was a time for celebration, but it also provoked many questions about the future of the monarchy, and what it might look like under the next monarch. In this post, Robert Hazell and Bob Morris attempt to answer those questions, relying on their detailed knowledge of modern European monarchies.

The Platinum Jubilee was an occasion for celebration and relaxation rather than profound reflection about the monarchy and its future. But for Robert Hazell and Bob Morris it was an exceptionally busy weekend, as they responded to a deluge of media requests from around the world. These clustered around the same set of questions:

  • How can a hereditary monarchy be part of a modern democracy?
  • Will public support for the monarchy outlive support for the Queen?
  • What kind of King will Prince Charles be? What changes might he want to introduce?
  • What is the future of the monarchy in the realms, the 14 other countries around the world where the Queen is also head of state?

This post offers more detailed answers to these questions than allowed by brief media interviews. It does so through a comparative and constitutional law lens, based upon our co-edited book, The Role of Monarchy in Modern Democracy: European Monarchy

How can a hereditary monarchy be part of a modern democracy?

The first question is easily answered: there is no contradiction between monarchy and democracy, with some of the most advanced democracies in the world also being monarchies. Denmark, Norway, Sweden, the Netherlands and New Zealand are countries which regularly feature at the top of the annual Democracy Index compiled by the Economist Intelligence Unit: all are monarchies. They have survived as monarchies because the monarch no longer has any political power; the monarch reigns, but does not rule. Constitutional monarchs act on the advice of the elected government; if they fail to do that or otherwise step out of line, they risk losing their thrones. That was the lesson brutally learned by Edward VIII in the abdication crisis of 1936, but he was not the only European monarch forced to abdicate. The same fate befell King Leopold III of the Belgians in 1950, Grand Duchess Marie-Adélaïde of Luxembourg in 1919, and King Juan Carlos of Spain in 2014, when opinion polls showed that two-thirds of Spaniards felt he should abdicate.

Will public support for the monarchy outlive support for the Queen?

Monarchy as a system of government depends on the consent of the people as well as the government. If the people withdraw their support from monarchy as an institution, it is finished. That is how monarchy came to an end in referendums in Italy after the Second World War and in Greece in 1973-74. In all, there were 18 referendums held on the future of the monarchy in 10 different European countries during the last century. Not all led to the country becoming a republic: referendums have reaffirmed continuation of the monarchy in Denmark and Norway, and restoration of the monarchy in Spain.

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The Platinum Jubilee and future of the monarchy

Queen Elizabeth II this year celebrates her Platinum Jubilee, commemorating 70 years as monarch. UCL recently hosted an event to discuss why we have jubilees, what they say about monarchies, what the process of starting the next reign will look like, the future of the monarchy at home and abroad, and what lessons can be learned from other European monarchies. A summary of the discussion is below.

On Thursday 17 March 2022, UCL hosted a webinar entitled The Platinum Jubilee and the Future of the Monarchy, chaired by Professor Robert Hazell, founder of the Constitution Unit. Robert was joined by four panellists: Dr Bob Morris, an Honorary Senior Research Associate at the Unit, Dr Craig Prescott, Lecturer in Law at Bangor University, Dr Carolyn Harris, a royal historian at the University of Toronto, and Professor Helle Krunke, Head of the Centre for European and Comparative Legal Studies at the University of Copenhagen. The webinar looked to the future in two respects; starting with the Accession of the new King after the Queen dies, and then looking further ahead to address the practicalities of the Prince of Wales’ vision for a smaller Royal Family, the impact of the accession on the Commonwealth Realms, and the continuation of the monarchy itself. This post is a summary of some of the key points made during the session.

Demise of the Crown

On Demise – the legal term for the transfer of the Crown upon the death of the monarch – the Accession Council – a ceremonial body formed following the death of one monarch to proclaim the new one – recognises the seamless transfer of executive power from one monarch to the next; and the coronation celebrates and legitimises the accession of the new monarch. Bob Morris suggested the process is likely to be much the same as it was when the Queen acceded in 1952: the Privy Counsellors will meet at an Accession Council along with the High Commissioners of the Commonwealth Realms, the Lord Mayor of London, and the Court of Aldermen, to make a proclamation declaring Prince Charles, the Prince of Wales, to be King and to receive his oath. The new King will address the nation on the day after Demise, and visit Cardiff, Edinburgh, and Belfast in the days following to present a united vision for his Kingdom. The funeral for the Queen will be held at Westminster Abbey (the first since 1760), before an interment in St Georges’ Chapel, Windsor. Questions remain as to whether any part of the Accession Council will be televised, whether the oath will change, and how over 700 Privy Counsellors will be enabled to attend and sign the Proclamation.

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