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.

Continue reading

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.

Continue reading