Reflecting on HRH The Prince of Wales’s Role as Heir to the Throne

sketch.1541418351959To mark the Prince of Wales’s 70th Birthday, Robert Hazell reflects on the difficult role of Heir to the Throne, with reference to the roles of heirs apparent in other Western European monarchies. This comparative material has been assembled as part of our preparation for a forthcoming conference on monarchies in western Europe, to be held next March.

The Prince of Wales is 70 years old today. At an age when most people are comfortably enjoying their retirement, Prince Charles is still preparing to assume the role for which he has been waiting almost all his life. He became heir to the throne in 1952, and so far his apprenticeship has lasted 67 years. In 2011 he became the longest serving heir apparent in British history, overtaking King Edward VII, who spent 59 years in the role.

That is one of the difficulties of being heir apparent: a very long and uncertain period of waiting. Another is that the role is unspecified. The constitution is silent about the role; so it is left to each heir apparent to make of it what they can. Some, like Edward VII, have pursued wine, women and song (and gambling, shooting and racing); others like Prince Charles have a more serious bent, and want to make a contribution to the public good. The difficulty is to find a way of contributing to public life without becoming embroiled in political controversy. Continue reading

The Crown: What does Netflix’s dramatisation and the celebritisation of an evolving monarchy mean for the royal family in 2018?

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With Prince Philip now retired from his public role and Prince Harry set to marry an American actor in the spring, the royal family has entered 2018 in the midst of a period of change. Yet change is nothing new; the monarchy is constantly evolving. Bob Morris asks where does it now stand and what further changes may be expected? He also discusses the historical accuracy and cultural impact of the popular Netflix drama, ‘The Crown’. 

As the monarchy enters 2018, unavoidable demographic effects are becoming more apparent. The Queen is now 91 and Prince Philip has announced his retirement from official duties at the age of 96. The Queen remains commendably diligent in her public duties, notching up nearly 300 engagements in 2017, although none of those took place abroad. There it is evident that the Prince of Wales (himself close now to 70) has increasingly taken up the burden, assisted principally by the Duke of York and the Princess Royal. As in recent years, the latter continues to be the busiest member of the family for domestic engagements.

There continue to be small, mostly low-voiced susurrations of speculation about whether the Queen will herself ‘retire’ in some way when, for example, she reaches her husband’s age; whether she will be succeeded by Prince William rather than by Prince Charles; whether the new king would remain Head of the Commonwealth; and at what point any of the fifteen Commonwealth states where the Queen remains monarch (known as the realms) will turn themselves into fully-fledged republics. Continue reading

The Queen at 90: the changing role of the monarchy, and future challenges

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To mark the celebrations of the Queen’s 90th birthday the Constitution Unit has published a new report that discusses the formal powers of the monarchy, and its wider role and functions. The report concludes by looking ahead to what further changes can be expected in the coming decades. It is summarised here by its authors, Robert Hazell and Bob Morris.

This week the Constitution Unit has published a report to mark the celebrations for the Queen’s 90th birthday, which discusses the formal powers of the monarchy, and its wider role and functions. The report also helps to set the scene for two new projects on the monarchy: the first, led by Bob Morris, is on the next accession and coronation, and the second, led by Robert Hazell, is to be a comparative study of the other monarchies of western Europe.

The changing role of the monarchy

0806161The report records how much the constitutional powers of the monarch have changed during the Queen’s reign, and her lifetime. All the important prerogative powers remaining in the hands of the monarch have been removed or severely restricted. The most important of the personal prerogatives are the power to appoint the Prime Minister; to summon and dissolve parliament; and to give royal assent to bills. We found that in exercising each of these powers, the monarch no longer has any effective discretion:

  • The constitutional conventions about the appointment of the Prime Minister have been codified in the Cabinet Manual, which explains that it is for the parties in parliament to determine who is best placed to command the confidence of the House of Commons, and communicate that clearly to the sovereign.
  • The prerogative power of dissolution was abolished by the Fixed-term Parliaments Act 2011. Parliament is now dissolved automatically after five years, or earlier if two thirds of MPs vote for an early election, or the government loses a no confidence motion. The power for the Prime Minister to ask the Queen for an early election has gone.
  • Royal assent to a bill has not been refused since 1707. It would only be withheld now (as then) on the advice of ministers.  That might happen with a minority government which could not otherwise prevent the passage of legislation against its wishes.

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The Queen’s Sorpasso

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9 September 2015 marks the day Elizabeth II becomes the UK’s longest reigning monarch. Bob Morris takes this milestone as an opportunity to reflect on the evolution of the monarchy in relation to the constitution in recent years.

Today Queen Elizabeth II’s term exceeds Victoria’s and she becomes the nation’s longest reigning monarch. The institution she heads is not subject to any current serious challenge. Indeed, it is now probably as popular as it has ever been.

Milestones like this prompt reflection and the following attempts to consider what the present reign tells us about the monarchy and the constitution.

Resisting republicanism

To state the obvious first, the monarchy has survived. That should be regarded as an achievement in itself and not assumed to be a constitutional given. The very concept of monarchy is hardly attuned to the spirit of the times – increasingly egalitarian, democratic, undeferential, worldly, multicultural, secular. Some maintain that monarchy represents a vanished feudal worldview of fixed hierarchy, deference, social immobility and religious uniformity.

Despite these claims there is, apart from small sections of the chattering classes, no serious pressure to abolish the monarchy and replace it with a republic. With the possible exception of Australia, this appears to be the position too in the other former ‘settler’ dominions of Canada and New Zealand. Nor does a concerted move against the monarchy seem likely in the twelve other Commonwealth ‘realms’ of which the Queen is head of state. Polling support in the UK for a republic has only ever once – and in evanescent special conditions – just exceeded 20 per cent. Republicanism has yet to establish any real political traction.

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Purring – Mr Cameron, the Queen and the British Constitution

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Bob Morris reflects on what the Prime Minister’s recent transgression might tell us about the constitutional status of the UK sovereign.

Speaking recently to a former New York Mayor, Michael Bloomberg – the nearest to Yankee royalty – David Cameron spilled the beans on his own sovereign’s reaction to the Scottish referendum decision to stay in the United Kingdom: ‘She purred down the line’. Does this incident tell us anything about the current state of the British constitution or is it best written off as a trivial prime ministerial gaffe?

For the gaffe view is that the conversation was intended to be entirely private and was picked up by a journalist’s microphone by accident. One might get hoity-toity about whether a relationship of personal confidentiality was transgressed by some immature behaviour. On the other hand, as a Times columnist (Carol Midgley, 27 September) put it ‘indiscretions show politicians at their most human’. David Cameron apologised publicly and vowed to do so personally at his next regular audience with the Queen. Nothing otherwise will eventuate.

Precisely – the incident on the other view illustrates an important, largely unrecognised fact: the UK sovereign has no significant constitutional powers left. The most important – discretion to choose the Prime Minister and the power to grant (and, by implication, withhold) dissolutions of Parliament – have been lost. The first was lost when all political parties adopted internal rules to appoint their own leaders, and post-electoral manoeuvring was rather later made subject to procedures now publicly set out in the Cabinet Manual, which excluded/shielded the sovereign from participation short of recognising the outcome. The second, the power to grant or withhold dissolution, went following 2011 legislation for fixed term Parliaments.

The latter’s significance for the Palace falls to be judged against the view of a former Queen’s private secretary observing that the dissolution power was one that kept politicians respectful:

The power to grant or deny a dissolution in certain circumstances … adds enormously to the wariness with which British Prime Ministers approach the sovereign. (Sir W. Heseltine, ‘The Fabian Commission on the future of the monarchy’, Constitutional Law and Policy Review, February 2004, 84-92 at pp. 86-7).

No doubt David Cameron’s relationship with the current sovereign remains personally respectful, but does the incident show that constitutional respect has now gone? And, if so, what does this bode for the monarchy in the longer term? And what also for prime ministers no longer obliged to show deference?

In other words, far from his remarks being simply a careless gaffe, was David Cameron in fact making an unconscious statement about current constitutional realities? Discuss.

 Dr Bob Morris is a former Home Office career civil servant.At the Unit, Bob has been involved with a variety of interests, particularly FOI. Latterly he has tended to lead on ecclesiastical and royal issues, for example on the Succession to the Crown Act 2013, at the same time contributing to the recent study on Commons Public Bill Committees led by Meg Russell.

Reigns in Spain and the ‘A’ word (again) in the UK

Robert Morris explains why the abdication of the Spanish King is unlikely to lead to a similar move by Queen Elizabeth II.

The recent announcement of the abdication of King Juan Carlos of Spain in favour of his heir, Felipe, has renewed discussion about abdication in the UK. Indeed, the abdicating King – anxious no doubt to make the best of a not very happy job – is reported as saying: ‘I don’t want my son to grow old waiting like Prince Charles’. Despite substantial demonstrations in favour of a republic, the abdication seems to be proceeding.

Will it happen here? Will Elizabeth II make way for her heir, Prince Charles? The present consensus is that it will not. This is hardly news. But there are two new twists offered on the usual account that it will not happen because the Queen believes she has to serve for the whole of her life.

Religion makes abdication impossible

The first twist is the suggestion by the Daily Telegraph that abdication is actually impossible because, unlike the Spaniards, the Queen has been consecrated in the religious ceremony of the coronation and the British monarchy is therefore ‘a sacerdotal system’. This was not the case with her uncle, Edward VIII, because he left the throne before becoming an anointed ruler as the result of a coronation ceremony. He was, however, undoubtedly King – a fact of law in no way dependent on coronation. This fact may be taken to emphasise that in UK law the sovereign occupies first and foremost a secular public office.

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Is Britain a Christian country and, whatever the case, what then?

Unusually, British politicians have been talking about religion this Easter.

(i) Events, dear Boy

First, the Communities and Local Government Secretary, Eric Pickles, whose Department leads on faith relations, and then the Prime Minister, David Cameron, both averred that Britain was still a Christian country – Mr Pickles, with customary brutality, reminding us that there is an established Church and advising people to ‘get over’ that fact. A large number of worthies then wrote jointly to the Daily Telegraph (editorially sympathetic to establishment) to challenge ministers’ views, labelling them as both false and divisive in a pluralised society of multiple belief and unbelief. This was countered by a joint letter disagreeing

This lukewarm pot was then stirred by the Deputy Prime Minister and leader of the Liberal Democrat party, Nick Clegg. Out of the blue in a radio programme, he floated the thought that the day was coming when church establishment should be stood down for everyone’s benefit, including that of the Church of England. The Prime Minister and others immediately rejected this view – long Liberal Democrat policy deriving from that party’s ancient Christian Nonconformist roots.

Understandably, the Archbishop of Canterbury, Justin Welby, head of the church established in England (and long ago disestablished in Ireland and Wales) felt moved also to comment – no tablets of stone, just a blog. Acknowledging that church attendance had greatly declined, he maintained that nonetheless much of the nation’s life had been ‘shaped and founded on Christianity’, and that ‘in the general sense of being founded on Christian faith, this is a Christian country’. Characterising objectors as atheists, he pointed to Muslim, Hindu and Sikh support for the Prime Minister’s remarks. This claim, which has been called ‘Anglican multifaithism’ [N. Bonney (2013) Monarchy, religion and the state], is a trope employed by Anglicans to assume a new role and purport to speak for the interests of all religions. On offer is an implied conduit into government valued apparently by a number of non-Christian faiths but not willingly by minority Christian denominations.

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