What role should the monarch have in a constitutional crisis?

Robert Saunders argues that the UK cannot rely on a ceremonial monarchy that seeks to remain apart from politics to protect the constitution from attack in times of crisis. For that, he concludes that other instruments will be needed, without which both monarchy and the constitution will suffer. This post is based on material from the Unit’s new report, The British Monarchy, co-published yesterday by the Unit and the UK in a Changing Europe.

For much of British history, it was hard to imagine a constitutional crisis without the monarch at its core. From the barons at Runnymede imposing Magna Carta on King John to the expulsion of James II in 1688, the English (and, later, British) constitution was forged in the collision between Crown and parliament. As late as the nineteenth century, suspicion of royal power pulsed through progressive politics. Victorians may have revered ‘Her Little Majesty’, but they also celebrated a ‘Glorious Revolution’ against royal tyranny and erected a statue of Oliver Cromwell outside Westminster.

With the decline of constitutional politics in the twentieth century, the political functions of the Crown slipped from public debate. Yet recent controversies have redirected attention to the role of the monarch at times of constitutional crisis. More specifically, they have reopened a question that deserves greater public discussion: who wields the historic powers of the Crown once the monarch is no longer politically active? Should there be any limit on their use by a Prime Minister?

An emergency brake

Some of the highest powers of the British state still technically reside with the Crown, including the right to declare war, conclude treaties and suspend parliament. By convention, those powers are exercised ‘on the advice of the Prime Minister’. But they do not belong to the Prime Minister, and might, in theory, be withheld.

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Fourteen things you might want to know about the coronation

As the first coronation in 70 years approaches, many people still have questions about its purpose, its format, and (perhaps most importantly) what could go wrong. The Unit has created an FAQs page, authored by the Constitution Unit’s monarchy experts Robert Hazell and Bob Morris, to answer those questions, 14 of which are discussed below.

1. What does a coronation do?

The Coronation does not ‘make’ the monarch. Under common law, the new monarch succeeds to the throne immediately on the death of their predecessor: so Charles became King the moment the Queen died.

The coronation has several functions. It is a religious rite that symbolises the descent of God’s grace on the new ruler. The King takes a solemn three-part oath to govern according to laws and customs; render justice with mercy; and maintain the Protestant Reformed Religion plus the rights and privileges of the Church of England. He is then anointed and crowned by the Archbishop. In sum, the Church blesses the monarch and his new reign; he in turn promises to protect the Church, and to serve his people.

2. How old is the coronation?

The coronation ceremony is over 1000 years old. It was formalised in AD 973, with the coronation of the Anglo-Saxon King Edgar by St Dunstan of Canterbury in Bath Abbey. The first Norman King to be crowned in Westminster Abbey was William the Conqueror, crowned there on Christmas Day 1066. King Charles is the fortieth monarch to be crowned at the Abbey since the Conquest.

3. What are the main elements in the coronation?

The main elements are the recognition, the oath, anointing, crowning, homage, and communion. The recognition is at the start, when the Archbishop presents the new monarch to the congregation, with trumpet fanfare, and they all shout, ‘God save the King’. The King then takes the coronation oath, and the Archbishop anoints the King with chrism (holy oil from Jerusalem). Similar to an ordination, this is when the grace of God is called down upon the new monarch and his reign.

After the anointing, the monarch is crowned by the Archbishop, seated upon King Edward’s chair, used in coronations for the last 700 years. Then comes the homage, when the Archbishop and others kneel before the King to pay homage in ancient words of fealty. Finally, there is communion: the coronation is also a eucharist, in which the monarch takes communion.

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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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