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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What is constitutional monarchy, and what is its role in the UK? 

Constitutional monarchies are governed by elected parliaments and governments; but a monarch remains head of state and plays various important roles. Lisa James and Robert Hazell explain the UK monarchy’s constitutional role, its impact, and the questions that would need to be addressed should the UK ever decide to replace it. 

Background 

A constitutional monarchy is a system in which the head of state is a monarch, but that person does not rule the country. Governing is undertaken instead by an elected parliament and government. In the UK, the monarch’s involvement in politics has gradually diminished over the centuries, to the point where they effectively no longer exercise political power.  

The UK is not alone in having a constitutional monarchy. There are seven other monarchies in Europe, which are very similar to the UK system. The main difference is one of size: the UK has a much larger population than most European monarchies, and a larger royal family to service it.  

The UK’s monarchy is also uniquely international: the British monarch is head of state for 14 other ‘realms’ such as Canada, Australia, Jamaica and Papua New Guinea. 

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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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The future of the monarchy after the King’s coronation

Charles III has now been formally crowned as King in a ceremony with deep historical roots that reflect the institution’s long history. But what about the monarchy’s future? Craig Prescott discusses whether the UK is willing to consider the major constitutional change of becoming a republic, and concludes that should such a change take place, it will need to coincide with an underlying change in political culture in order to be anything other than symbolic.

The British public, as Brexit underlined, is not necessarily averse to major constitutional change. The start of a new reign provides an opportunity to reappraise the monarchy. Such a reappraisal is already taking place in many of the 14 Commonwealth realms.

In June 2022, Australia appointed an Assistant Minister for the Republic, with the intention that Australia will move towards becoming a republic after the next election, due in 2025. Over the next few years, referendums on whether to become a republic are likely in Antigua and Barbuda and Jamaica. Belize has formed a People’s Constitutional Commission to review its constitution, including the question of whether to become a republic. There is no reason, in principle, why such a reappraisal should not take place in the UK.

Constitutionally, the core argument for the monarchy was that it could function as a pressure valve in times of political crisis. If necessary, a Prime Minister could be dismissed, or a Parliament dissolved. Especially during the reign of Elizabeth II, that argument diminished almost to vanishing point as the personal prerogative powers of the monarch became increasingly regulated by convention and law. For example, the Cabinet Manual (paragraph 2.12), and events after the 2010 general election made clear that the monarch plays no active role in the formation of government even if an election returns a hung parliament.

Instead, the primary political argument for the monarchy is that it provides a space in public life which is beyond day-to-day party politics. Through their role as Head of Nation, the monarch seeks to ‘represent the nation back to itself’. Most notably, this can be seen on occasions such as Remembrance Sunday, when the monarch leads the nation in an act of remembrance which commands broad and deep, but not total, support across the political spectrum and in the country at large. In this way, there is a separation between the state and the government of the day.

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Church and state in European monarchies

At his coronation, Charles III will swear an oath to uphold the Protestant religion in a ceremony overseen by the Archbishop of Canterbury. However, while many European monarchs retain a link to their national church, the UK is alone in continuing to have a coronation ceremony. Frank Cranmer discusses how monarchies throughout Europe have attempted to reconcile their historical religious traditions with the reality of modern multi-faith societies.

In addition to the United Kingdom, there are 11 other monarchies across Europe, with varying constitutional arrangements when it comes to religion: Andorra, Belgium, Denmark, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Spain, Sweden – and, of course, Vatican City, where the Pope is head of state. In Andorra, the Bishop of Urgell and the President of France are co-Princes and its constitution gives special recognition to the Roman Catholic Church. Under the constitution of Liechtenstein, the Roman Catholic Church is the ‘National Church’, while the constitution of Monaco declares Roman Catholicism ‘the religion of the state’.

Under the terms of the Act of Settlement 1700, the monarch of the United Kingdom may not be a Roman Catholic, and the relationship between church and state means, in effect, that he or she must be a member of the Church of England as established by law. Uniquely in Europe, the British monarch is also the Supreme Governor of the Church: a title that goes back to the Act of Supremacy 1559, when the Protestant Elizabeth I succeeded the Catholic Mary. Henry VIII had declared himself the ‘Supreme Head in earth’ of the Church, but Elizabeth chose a less confrontational title.

The monarch also has a unique association with the Church of Scotland, appointing a Lord High Commissioner to the annual General Assembly of the Church who makes opening and closing addresses to the Assembly as the monarch’s representative and carries out a number of official functions while the Assembly is sitting. In 2002, Queen Elizabeth II attended in person rather than appointing a commissioner.

Scandinavia also preserves a Protestant succession. The Church of Sweden was disestablished on 1 January 2000. Furthermore, ties between church and state in Norway were somewhat loosened by an amendment to the constitution which came into effect on 1 January 2017, which removed the previous reference to an ‘official religion of the State’. However, both countries still require their monarch to be Lutheran. In Sweden, for example, under Article 4 of the Act of Succession 1810, ‘The King shall always profess the pure evangelical faith, as adopted and explained in the unaltered Confession of Augsburg and in the Resolution of the Uppsala Meeting of the year 1593’. Likewise in Denmark, Article 4 of the Constitution maintains the establishment of the Evangelical Lutheran Church and Article 6 requires that the monarch shall be a member of the Church.

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