Sunday 26 June 2005
The Queen's Powers
In theory, the power of the British monarch is extensive. She appoints
ministers, public officials, military officers, judges, ambassadors, bishops
and other senior public officials. She summons and dissolves Parliaments,
assents to bills, issues orders, charters, patents and other official
instruments, declares war, and is the authority by which many other acts of
state are performed. She is the head of the executive and judiciary, part of
the legislature, and head of the armed forces. In theory, she is more
powerful in her realm than the President of the United States is in his
republic.
The reality, however, is very different. Elizabeth II is a constitutional
monarch. She reigns but does not rule, and the great powers nominally vested
in her are exercised in her name by others. Although she still signs papers,
presides over councils, and goes through the motions of being the head of
the nation, her real opportunities to act on her own discretion are very
limited. In the words of the nineteenth-century economist and constitutional
writer, Walter Bagehot, she has the right to be consulted (by her
ministers), to advise and to warn, but there is no obligation on her
ministers to take her advice or heed her warnings. It is they, and
particularly the Prime Minister, who decide on the orders, appointments and
other executive acts to which the Queen puts her signature.
The power of the Crown has been gradually declining for centuries, but
perhaps the most decisive events were the Glorious Revolution of 1688-89,
and the accession of the German George I. In the first, parliamentarians
deposed one monarch and installed another; in the second, Britain acquired a
monarch who spoke very little English and so left much of everyday
government to his ministers, who were answerable to Parliament as well as
the King. The Hanoverian kings continued to exercise some influence, but as
party politics developed, their room for manoeuvre decreased. Because they
were backed by the House of Commons, which had primary control of taxation,
Prime Ministers had a stronger power base than monarchs could hope for.
The inability of monarchs to finance and run an expanding government was
reflected in George III's agreement to surrender the income of Crown
Estates, and with it the responsibility for bankrolling much of everyday
government. In return the monarch received a personal income voted by
Parliament, the Civil List. Public officials, previously paid for by the
king, were now, in effect, the servants of Parliament, even though their
nominal head was, and still is, the sovereign.
By the time Queen Victoria came to the throne, the crown's power had
declined so much that the Queen found that she couldn't even choose her own
ladies of the bedchamber. They were ministerial appointments, and when the
ministry changed, so did they. The Queen still had influence, though. The
story goes that the reason lesbianism wasn't outlawed by statute at the same
time as homosexuality was that Queen Victoria refused to believe that such a
thing could exist. If the government and Parliament had insisted on putting
it in the bill, though, she would have had to assent to it. No monarch since
Queen Anne had vetoed a bill, and the last time a veto was used (to reject a
Scottish Militia Bill) it was at the request of the government, because
changing circumstances had made it redundant.
Despite having declined over the previous two centuries, on occasion
monarchical political influence could still be significant at the beginning
of the twentieth century. In 1904 Edward VII initiated the Entente Cordiale
with France over the heads of the Foreign Office, although ministers were
subsequently happy to share the credit. Shortly after coming to the throne,
George V was faced with the prospect of creating hundreds of new peers in
order to overcome Lords opposition to a government finance bill. He was
loathe to do so, because he felt it would debase the peerage. If matters
hadn't been resolved by other means and he had stood his ground, a
constitutional crisis might have ensued.
His son, George VI, was instrumental in appointing Winston Churchill as
Prime Minister in 1940, when many expected Viscount Halifax to get the job.
It is claimed that in 1945 the King persuaded the new Prime Minister,
Clement Attlee, to change his mind about a couple of Cabinet appointments.
Attlee had intended to appoint Ernest Bevin as Chancellor of the Exchequer
(Britain's minister of finance) and Hugh Dalton as Foreign Secretary, but
ended up swapping them around.
When she came to the throne, Elizabeth II could have had an influence on the
choice of Prime Minister, particularly in mid-Parliament when a Conservative
government was in power, since that party had no mechanism for electing its
own leader until 1965. She appointed Anthony Eden on Churchill's resignation
in 1955, Harold Macmillan to replace Eden in 1957, and, most
controversially, Sir Alec Douglas-Home to replace Macmillan in 1963 (many
had expected R.A.B. Butler, sometimes called "the best Prime Minister we
never had"). However, in practice, the appointments followed consultations
amongst the grandees of the Conservative Party, after which the outgoing
Prime Minister recommended a successor to the Queen.
In modern Britain, all political parties elect their leaders, and the Queen
has no real choice but to appoint the governing party's chosen leader as
Prime Minister, and then to appoint his nominees to other ministerial posts.
There is no law which requires her to do so - it is dictated by
"convention", and the convention is a consequence of the political realities
of Britain's unwritten constitution: no government can function without
revenue, and revenue is granted by the House of Commons. If the Queen were
to appoint a Prime Minister who was not the chosen leader of the majority
party, the party in the Commons could simply deny him the means to govern,
by denying him funds and rejecting his proposed legislation. So despite her
nominal status as "sovereign leige lady", Parliament, not the Queen, is
sovereign in the United Kingdom.
Parliament itself is summoned, opened, prorogued and dissolved by the Queen.
Before the seventeenth century, it was possible for monarchs to rule for
long periods without a Parliament, but the last attempt to do so (Charles I
from 1629-40) contributed to the onset of Civil War and the overthrow of the
monarchy, partly because of the controversy over Charles's attempts to raise
revenue by non-Parliamentary means. After he was compelled by circumstances
to call a Parliament in 1640, he was forced to assent to the first Triennial
Act in 1641, which required Parliament to meet at least once every three
years. This was repealed after the restoration of the monarchy in 1660, but
following the Glorious Revolution a second Triennial Act was passed (in
1694) which required that Parliament met annually and that elections for new
Parliaments were held at least once every three years. The three year period
was increased to seven years in 1716, and reduced to five by the Parliament
Act 1911.
Even within the constraints dictated by law, the Queen has little power to
exercise discretion in deciding when Parliaments shall be elected and
summoned. As long as there is a Prime Minister with a majority in the
Commons, she is obliged by convention to accept his advice on the timing of
elections. Only in circumstances where the Prime Minister is trying to act
while not possessing the necessary Parliamentary support might the Queen
herself have a decisive part to play in these decisions. Such a situation
has not arisen in recent British history, although it has occurred with her
representatives, the Governor Generals, in Canada in 1926 (when a Prime
Minister's request for a dissolution of Parliament was refused) and
Australia in 1975 (when a Prime Minister was dismissed when he couldn't
obtain Senate support for his budget). Except in such extraordinary
constitutional circumstances, the Queen's real authority is only what the
elected politicians will allow her. The maintenance of her appearance of
power hides the reality, that the United Kingdom is a crowned republic, with
a government of the people, by the people and for the people. The Queen
retains a largely ceremonial and symbolic role because those people, through
their representatives, choose to allow it, in preference to an explicitly
republican regime.
- Paul James
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