Monitor 82: achieving a new normal for the constitution?

Today the Unit published Monitor 82, containing reporting and analysis of recent constitutional events, covering the period from 1 August to the debates on the Counsellors of State Bill earlier this week. Even by the standard of recent years, the last four months has been a period of constitutional turbulence that has seen the ousting of two Prime Ministers and the death of a monarch who had sometimes seemed a constitutional constant. Meg Russell and Alan Renwick argue, in this piece, which is also the lead article for Monitor, that the new Prime Minister and monarch face significant challenges if they wish to rebuild stability and faith in the UK’s institutions.

Recent months have seen unprecedented turbulence in UK politics. This blogpost, like the current issue of Monitor, covers developments over just four months, yet reports on a change of monarch and two changes of Prime Minister, plus remarkable churn in ministerial positions, and much else.

As reported in the previous issue of Monitor, in early July Prime Minister Boris Johnson was forced to announce his departure following a wave of ministerial resignations. Concerns about propriety and integrity were central to his removal. Yet these topics played disappointingly little part in the leadership contest which unfolded over the summer, including in a series of hustings meetings for Conservative Party members between Rishi Sunak and Liz Truss. The primary focus of the contest was understandably the cost of living, with contention between the candidates over their economic approaches – Sunak warned against the dangers of Truss’s proposed unfunded tax cuts.

Truss won the contest, becoming Conservative Party leader on Monday 5 September, and she was appointed Prime Minister the following day by Queen Elizabeth. Cabinet positions began to be filled the day after that. But on 8 September, the day of the new government’s first major statement on the energy crisis, news emerged that the Queen was unwell. Her death was announced that evening. The end of a reign lasting over 70 years was a major moment for the United Kingdom’s national and constitutional self-understanding. The country entered a period of national mourning during which the funeral was held. Prince Charles immediately became King. Within days, he delivered a televised address, gave an oath at the Accession Council, addressed MPs and peers in Westminster Hall, and spoke at the Scottish Parliament, the Senedd, and Hillsborough Castle.

This delayed the new government’s activities, but a shock of a different kind occurred on 23 September, when Chancellor of the Exchequer Kwasi Kwarteng announced his so-called ‘mini budget’ to the House of Commons. Including ambitious tax cuts beyond those that Truss had pledged during the campaign, it resulted in grave instability for the financial markets. Ultimately Truss sacked Kwarteng on 14 October, but was forced to announce her own resignation just six days later. This triggered a further Conservative leadership contest, which saw Sunak appointed to the role of party leader and Prime Minister.

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The Counsellors of State Bill: an elegant solution, but a temporary one

The House of Lords yesterday debated the merits of the Counsellors of State Bill, which seeks to add Princess Anne and Prince Edward to the list of people that can act when the monarch is unable to do so. As Craig Prescott explains, this is a neat solution, but a temporary one.

The start of a new reign inevitably brings change to the monarchy. One specific change is that the monarch will once again travel overseas, including visits to some of the 14 other countries that also have a new head of state.

But what about the monarch’s constitutional and legal role while they are away? This role includes the granting of royal assent to legislation, appointment of ministers, ratification of treaties, and appointment of judges and diplomats. Many of these functions require the personal signature of the monarch (the royal sign manual), or in the case of holding Privy Council meetings and the state opening of parliament, their personal participation. This reflects how the monarch, as head of state, remains a central part of the UK’s constitutional arrangements. It is pivotal to the machinery of government that the royal authority is always available to grant the final, formal legal approval to wide range of decisions made by government and parliament.

The necessary continuity is provided by the Regency Act 1937, supplemented by the Regency Acts 1943 and 1953. If the monarch is overseas, or is unwell and unable to conduct their duties, Counsellors of State can be appointed to exercise the royal functions. During the reign of Elizabeth II, Counsellors of State were appointed over 100 times, facilitating the Queen’s extensive overseas travel and establishing her position on the international stage.

The Regency Acts provide that the Counsellors of State are the spouse of the monarch and the first four in the line of succession, of full age, domiciled in the UK. For the heir apparent or heir presumptive, the Regency Act 1943 allowed for then Princess Elizabeth to become a Counsellor of State when she became 18, otherwise ‘full age’ for these purposes is 21. The 1943 Act also allowed for any potential Counsellor of State to be excluded if they are overseas during the period of appointment. This provision was introduced so that Prince Henry, the Duke of Gloucester, would be excepted while Governor-General of Australia to prevent any potential conflict between that role and his position as a Counsellor of State.

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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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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