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

The Platinum Jubilee and future of the monarchy

Queen Elizabeth II this year celebrates her Platinum Jubilee, commemorating 70 years as monarch. UCL recently hosted an event to discuss why we have jubilees, what they say about monarchies, what the process of starting the next reign will look like, the future of the monarchy at home and abroad, and what lessons can be learned from other European monarchies. A summary of the discussion is below.

On Thursday 17 March 2022, UCL hosted a webinar entitled The Platinum Jubilee and the Future of the Monarchy, chaired by Professor Robert Hazell, founder of the Constitution Unit. Robert was joined by four panellists: Dr Bob Morris, an Honorary Senior Research Associate at the Unit, Dr Craig Prescott, Lecturer in Law at Bangor University, Dr Carolyn Harris, a royal historian at the University of Toronto, and Professor Helle Krunke, Head of the Centre for European and Comparative Legal Studies at the University of Copenhagen. The webinar looked to the future in two respects; starting with the Accession of the new King after the Queen dies, and then looking further ahead to address the practicalities of the Prince of Wales’ vision for a smaller Royal Family, the impact of the accession on the Commonwealth Realms, and the continuation of the monarchy itself. This post is a summary of some of the key points made during the session.

Demise of the Crown

On Demise – the legal term for the transfer of the Crown upon the death of the monarch – the Accession Council – a ceremonial body formed following the death of one monarch to proclaim the new one – recognises the seamless transfer of executive power from one monarch to the next; and the coronation celebrates and legitimises the accession of the new monarch. Bob Morris suggested the process is likely to be much the same as it was when the Queen acceded in 1952: the Privy Counsellors will meet at an Accession Council along with the High Commissioners of the Commonwealth Realms, the Lord Mayor of London, and the Court of Aldermen, to make a proclamation declaring Prince Charles, the Prince of Wales, to be King and to receive his oath. The new King will address the nation on the day after Demise, and visit Cardiff, Edinburgh, and Belfast in the days following to present a united vision for his Kingdom. The funeral for the Queen will be held at Westminster Abbey (the first since 1760), before an interment in St Georges’ Chapel, Windsor. Questions remain as to whether any part of the Accession Council will be televised, whether the oath will change, and how over 700 Privy Counsellors will be enabled to attend and sign the Proclamation.

Continue reading

The Dissolution and Calling of Parliament Bill – a return to constitutional normality?

Alison Young argues that the Dissolution and Calling of Parliament Bill transfers power from parliament to the government, and not to the people, and that it is wrong to place the blame for the extraordinary events of 2019 on the provisions of the Fixed-term Parliaments Act.

The Fixed-term Parliaments Act 2011 (FTPA) has not had a good press. So much so, that a promise to repeal the Act was included in the 2019 manifestos of both the Labour Party and the current Conservative government. However, as the second reading of its replacement, the Dissolution and Calling of Parliament Bill demonstrates, the apparent consensus ends there. There appeared to be two strong themes to the debate. First, how far does the FTPA’s replacement transfer power from parliament back to the government, or from parliament back to the people? Second, to what extent did the FTPA cause the difficulties – however defined – for the then Conservative minority government in 2019?

Turning back the clock

The FTPA placed the prerogative power of the dissolution of parliament on a statutory basis. It fixed the terms of the Westminster parliament to five years, setting the dates for general elections. It provided two ways in which parliament could be dissolved earlier. First, it was possible for two-thirds of the members of the House of Commons to vote in favour of an early parliamentary general election. Second, dissolution could occur following a vote of no confidence, if, within a two week period, it proved impossible to form a government which had received the backing of a vote of confidence from the House of Commons.

The Dissolution and Calling of Parliament Bill aims to return the Westminster parliament to the position prior to 2011. It repeals the FTPA (section 1) and ‘revives’ the prerogative power to dissolve parliament and to call a new parliament (section 2). However this is interpreted, it is clear that the bill’s intention is to ensure that parliament can be dissolved and recalled ‘as if the Fixed-term Parliaments Act 2011 had never been enacted’ (section 2). Fixed terms of five years are now replaced with a maximum five-year term (section 4). Moreover, the bill seeks to make the dissolution and calling of parliament non-justiciable (section 3) – arguably making the prerogative powers even less subject to judicial review than was the case prior to 2011.

Continue reading

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. 

Continue reading

‘Palace letters’ show the Queen did not advise, or encourage, Kerr to sack Whitlam government

com.google.Chrome.vxw6lk.jpg

Four decades after the dismissal of the Whitlam government, letters between the Palace and the Governor-General of Australia have been made public. Anne Twomey explains that they show the Queen acted properly, neither advising nor encouraging the government’s dismissal, recommending simply that he obey the Australian Constitution.

For more than four decades, the question has been asked: did the Queen know the governor-general, Sir John Kerr, was about to dismiss the Whitlam government, and did she encourage or support that action? The release of the ‘palace letters’ between Kerr and the palace can now lay that question to rest. The answer was given, unequivocally, by the Queen’s private secretary, Sir Martin Charteris, in a letter to Kerr on November 17 1975. He said:

‘If I may say so with the greatest respect, I believe that in NOT informing The Queen what you intended to do before doing it, you acted not only with perfect constitutional propriety but also with admirable consideration for Her Majesty’s position.’

Certainly, Kerr had kept the palace up to date with the various developments in Australia. While governors-general usually communicate with the Queen only three or four times a year during ordinary times, it is common during a crisis for updates on the political situation to be made every few days – particularly if there is a risk of the Queen becoming involved or the exercise of a reserve power drawing the palace into the crisis.

In 1975, there were multiple issues that might have drawn the palace into the crisis. First, there was the question of whether Kerr should exercise a reserve power to refuse royal assent to an appropriation bill that had been passed by the House of Representatives but not the Senate. Fortunately, Whitlam dropped this idea, so that controversy disappeared.

Then there was the question of whether state premiers would advise state governors to refuse to issue the writs for a half-Senate election, and whether Whitlam would then advise the Queen to instruct the governors to issue the writs. This didn’t happen either, because Whitlam did not get to hold his half-Senate election. But the prospect was enough to worry the palace. Continue reading