Harry and Meghan: five lessons from the documentary about monarchy as a unique institution

The Duke and Duchess of Sussex (Harry and Meghan) have been open about the intrusion upon their privacy which followed the announcement of their relationship, as chronicled by a new documentary. Robert Hazell and Bob Morris argue that a lack of privacy is a common problem across European monarchies and reducing the size of the royal family might allow more of its members to escape their ‘gilded cage’.

Robert Hazell appeared in Episode 1 of the Netflix documentary, in an interview drawing on our book The Role of Monarchy in Modern Democracy (now available in paperback with a 30% discount for readers of this blog: use the code RMMD30). That was a comparative study of the other monarchies in Western Europe, as well as the UK: Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, and Sweden. It showed that monarchy makes extraordinary demands not just of the monarch, but of other close members of the royal family, whose lives are restricted from the moment of their birth.

The first and biggest restriction is that all royals suffer from constant intrusion of the press into their private lives. The worst cases come from the UK, where intense competition in the tabloid press has led to extraordinary invasions of their privacy. These range from Camillagate, when the People published a transcript of a late night conversation between Prince Charles and Camilla Parker-Bowles in 1993; to illegal hacking of the phones of staff to Prince William; to paparazzi using dangerous tactics to get photos of the two-year old Prince George.

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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 Queen’s Platinum Jubilee: what does the future hold for the monarchy? 

The Platinum Jubilee was a time for celebration, but it also provoked many questions about the future of the monarchy, and what it might look like under the next monarch. In this post, Robert Hazell and Bob Morris attempt to answer those questions, relying on their detailed knowledge of modern European monarchies.

The Platinum Jubilee was an occasion for celebration and relaxation rather than profound reflection about the monarchy and its future. But for Robert Hazell and Bob Morris it was an exceptionally busy weekend, as they responded to a deluge of media requests from around the world. These clustered around the same set of questions:

  • How can a hereditary monarchy be part of a modern democracy?
  • Will public support for the monarchy outlive support for the Queen?
  • What kind of King will Prince Charles be? What changes might he want to introduce?
  • What is the future of the monarchy in the realms, the 14 other countries around the world where the Queen is also head of state?

This post offers more detailed answers to these questions than allowed by brief media interviews. It does so through a comparative and constitutional law lens, based upon our co-edited book, The Role of Monarchy in Modern Democracy: European Monarchy

How can a hereditary monarchy be part of a modern democracy?

The first question is easily answered: there is no contradiction between monarchy and democracy, with some of the most advanced democracies in the world also being monarchies. Denmark, Norway, Sweden, the Netherlands and New Zealand are countries which regularly feature at the top of the annual Democracy Index compiled by the Economist Intelligence Unit: all are monarchies. They have survived as monarchies because the monarch no longer has any political power; the monarch reigns, but does not rule. Constitutional monarchs act on the advice of the elected government; if they fail to do that or otherwise step out of line, they risk losing their thrones. That was the lesson brutally learned by Edward VIII in the abdication crisis of 1936, but he was not the only European monarch forced to abdicate. The same fate befell King Leopold III of the Belgians in 1950, Grand Duchess Marie-Adélaïde of Luxembourg in 1919, and King Juan Carlos of Spain in 2014, when opinion polls showed that two-thirds of Spaniards felt he should abdicate.

Will public support for the monarchy outlive support for the Queen?

Monarchy as a system of government depends on the consent of the people as well as the government. If the people withdraw their support from monarchy as an institution, it is finished. That is how monarchy came to an end in referendums in Italy after the Second World War and in Greece in 1973-74. In all, there were 18 referendums held on the future of the monarchy in 10 different European countries during the last century. Not all led to the country becoming a republic: referendums have reaffirmed continuation of the monarchy in Denmark and Norway, and restoration of the monarchy in Spain.

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The role of monarchy in modern democracy

In the 21st century, monarchies remain pivotal parts of several democratic countries across Europe, including the UK. In a new book, edited by Unit founder Robert Hazell and Bob Morris, contributors from across Europe consider the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, its popularity, and why it endures.

Monarchy has a long history in Europe, being the predominant form of government from the Middle Ages until the First World War. At the turn of the twentieth century every country in Europe was a monarchy with just three exceptions: France, Switzerland and San Marino. But by the start of the twenty-first century, most European countries had ceased to be monarchies, and three quarters of the member states of the European Union are now republics. That has led to a teleological assumption that in time most advanced democracies will become republics, as the highest form of democratic government. 

But there is a stubborn group of countries in Western Europe which defy that assumption, and they include some of the most advanced democracies in the world. In the most recent Democracy Index compiled by the Economist Intelligence Unit, six out of the top ten democracies – and nine of the top 15 – in the world were monarchies. They include six European monarchies: Norway, Sweden, Denmark, the Netherlands, Luxembourg and the UK.

This paradox of an ancient hereditary institution surviving as a central part of modern democracies prompted the comparative study which led to our latest book, The Role of Monarchy in Modern Democracy: European Monarchies Compared. Our study, written by 20 academic experts, includes the six countries listed above, plus Belgium and Spain. 

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Coronavirus: how Europe’s monarchs stepped up as their nations faced the crisis

bob_morris_163x122.jpgprofessor_hazell_2000x2500_1.jpgLast Sunday, the Queen spoke to the nation in a rare televised address. The speech was widely praised, and several other European monarchs have made similar attempts to connect with the public. Bob Morris and Robert Hazell argue that her intervention demonstrates the value of an apolitical head of state that remains compatible with modern democracy. 

The British Queen’s address to the nation on Sunday, April 5 evoked huge interest, respect and widespread appreciation. Nearly 24 million people in the UK watched her deliver the four-minute speech, which paid tribute to National Health Service and other key workers, thanked people for following government rules to stay at home and promised ‘we’ll meet again’.

Her words were greeted with almost universal praise from politicians, press and the public alike. But what made it so special? Who advises the Queen on such occasions? And what does it tell us about the monarchy – what can monarchs do that political leaders cannot?

It was special because of its rarity – this was only the fourth occasion on which Elizabeth II has addressed the nation other than in her annual Christmas message. All have marked particular national moments: war in Iraq, the deaths of Princess Diana and the Queen Mother, her thanks for the celebrations for her diamond jubilee. In different ways they bring the nation together – her heartfelt address before Diana’s funeral was especially effective in bringing her people to understand why she had prioritised consoling her bereaved young grandchildren.

The coronavirus speech – a little over 500 words – came invested with the authority of someone able to draw on long personal experience of the country’s trials. Instancing her own message as a 14 year-old to child evacuees wrenched from their families in 1940 was but one way of giving the speech a depth of field to which no politician could aspire. Continue reading