The rules of the coronation: how does constitutional convention differ from custom and practice?

Charles III was crowned at Westminster Abbey two years ago today. Much tradition is bound up with the coronation, but how much of it is binding on the monarch, and what elements of it can his successor do away with, should he wish? In this post, Carolyn Harris and Philippe Lagassé outline the difference between a constitutional convention, which is considered to be constitutionally binding, and custom and practice, which are not. They discuss how Charles III’s coronation differed from those of his predecessors, before looking forward to the coronation of the next monarch and how the current heir to the throne might also do things differently, should he become king.

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How might Keir Starmer codify his Prevention of Military Intervention Act?

Recent events have led to renewed discussion about the convention that parliament should have a formal role in authorising military action, which Keir Starmer at one point proposed to codify in legislation. Robert Hazell argues that placing the existing convention on a statutory footing is unwise, and calls on parliament and the government to work together in creating a ‘shared vision’ of how the convention should operate.

Tony Blair’s decision to support the US invasion of Iraq in 2003 has cast a long shadow over every subsequent leader of the Labour party. Keir Starmer opposed the Iraq war, and one of ten pledges he promised as part of his 2020 leadership campaign was to introduce a Prevention of Military Intervention Act. He subsequently specified on The Andrew Marr Show: ‘I would pass legislation that said military action could be taken if first the lawful case for it was made, secondly there was a viable objective and thirdly you got the consent of the Commons’.

Starmer was reminded of this pledge when he was interviewed about the UK airstrikes against the Houthi rebels in Yemen. He told Laura Kuenssberg on 14 January that his proposal for military action to require the support of the Commons only meant sustained military action involving troops on the ground, rather than targeted airstrikes like those in the Red Sea:

If we are going to deploy our troops on the ground, then parliament should be informed: there should be a debate, the case should be made, and there should be a vote… What I wanted to do was to codify the convention: the Cabinet Manual has a convention… it could be in a law or it could be by some other means.

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Rebuilding and renewing the constitution: the territorial constitution

A Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters will be published in summary form on this blog throughout August, with this third excerpt identifying potential changes relating to the territorial constitution.  

Recent years have been unsettled ones in UK territorial politics, with structural pressures following the Brexit vote, and other tensions between the centre and the devolved institutions. Meanwhile, the devolution arrangements for England remain an incomplete patchwork.  

While wholesale reform may be complex and contentious, much can be done to mitigate the tensions that exist within the existing framework. There is widespread recognition that cooperation between the UK government and devolved institutions could be improved, and some positive steps in this direction have already been taken. With the fiercest battles about the implementation of Brexit now over, opportunities exist for strengthening interparliamentary arrangements. The governance arrangements for England could also be made more transparent and coherent.  

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Boris Johnson has brought the honours system into disrepute; Rishi Sunak should have blocked him

The last 10 days have seen the publication of Boris Johnson’s resignation honours list swiftly followed by his resignation as an MP and the damning Privileges Committee report over his misleading parliament, then new video footage of some nominees attending a lockdown-busting party. Meg Russell suggests that Rishi Sunak should have blocked Johnson’s honours list, and that by not doing so he risks being complicit in dragging the system into disrepute.

It has been an extraordinary 10 days in UK politics. On Friday 9 June, Boris Johnson’s resignation honours list was finally published, following months of speculation. Later that day, Johnson announced his intention to quit the Commons, having received a draft of the Privileges Committee’s excoriating report into allegations of his repeatedly misleading parliament over ‘partygate’. His resignation statement included a lengthy, highly critical, and notably misleading riposte to the committee. Two Johnson allies, Nadine Dorries and Nigel Adams, who had hoped to be ennobled on his list, also announced their resignations – leaving Prime Minister Rishi Sunak to face three difficult byelections (although Dorries has yet to formally follow through on her commitment). Six days later, following consequential updates, the Privileges Committee published its findings, which condemned Johnson not only for his original behaviour, but also for his publicly contemptuous treatment of the committee. On Friday 16 June a further (and unconnected) honours list marking the King’s official birthday was published. Yesterday, on the eve of the Commons debating the Privileges Committee report, a video emerged of Conservative staffers enjoying a 2020 Christmas party which blatantly broke lockdown rules. At least two of those in attendance were on Johnson’s honours list.

This leaves a series of questions, including several of a constitutional kind. Although at the heart of these events lie actions which would normally appear trivial – a few friends and colleagues enjoying a drink – in the context of the lockdown rules imposed by Johnson’s government even those actions are very serious, particularly to people who observed the rules and sacrificed times with loved ones, many of whom died during the pandemic. Constitutionally, Johnson’s serial misleading of parliament, the resultant Privileges Committee report into his behaviour, and his subsequent disrespectful response to it, are unprecedented for a Prime Minister. That this is tangled up not only with the functioning of his premiership, but also with the honours system, risks bringing various parts of our political system into serious disrepute.

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