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British monarchy


 

:This article describes the British monarchy from the perspective of the United Kingdom. In the other Commonwealth Realms, the constitutional role of the monarchy is identical, but the historical and cultural significance may differ.

Royal Prerogative

Main article: Royal Prerogative

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The powers that belong to the Crown are collectively known as the Royal Prerogative. The Royal Prerogative includes many powers (such as the powers to make treaties or send ambassadors) as well as certain duties (such as the duties to defend the realm and to maintain the Queen's peace). As the British monarchy is a constitutional one, however, the monarch exercises the Royal Prerogative on the advice of ministers. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the Consent of the Crown must be obtained before either House may even debate a bill affecting the Sovereign's prerogatives or interests. Although the Royal Prerogative is extensive, it is not unlimited. For example, the monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorisation of an Act of Parliament.

Related Topics:
Royal Prerogative - Queen's peace

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The Sovereign is considered one of the three components of Parliament; the others are the House of Lords and the House of Commons. It is the prerogative of the monarch to summon, prorogue, and dissolve Parliament. Each parliamentary session begins with the monarch's summons. The new parliamentary session is marked by the State Opening of Parliament, during which the Sovereign reads the Speech from the Throne in the Chamber of the House of Lords, outlining the Government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. Dissolution ends a parliamentary term (which lasts a maximum of five years), and is followed by general elections for all seats in the House of Commons. These powers, however, are always exercised on the Prime Minister's advice. The timing of a dissolution is affected by a variety of factors; the Prime Minister normally chooses the most politically opportune moment for his or her party. The Sovereign may theoretically refuse a dissolution, but the circumstances under which such an action would be warranted are unclear. (See Lascelles Principles.) No parliamentary term may last more than five years; at the end of this period, a dissolution is automatic under the Parliament Act 1911.

Related Topics:
Prorogue - Dissolve - State Opening of Parliament - Speech from the Throne - Lascelles Principles - Parliament Act 1911

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All laws are enacted in the monarch's name. The words "BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows," known as the enacting formula, form a part of each Act of Parliament. Before a bill can become law, the Royal Assent (the monarch's approval) is required. Theoretically, the Sovereign may either grant the Royal Assent (thereby making the bill law) or reserve the Royal Assent (postpone granting the Royal Assent), or withhold the Royal Assent (veto the bill). By convention, however, the monarch always grants the Royal Assent; therefore, the Sovereign's role with respect to approving bills is purely ceremonial. The last monarch to withhold the Royal Assent was Queen Anne, who did so when presented with a Scottish Militia Bill in 1708.

Related Topics:
Enacting formula - Royal Assent - Queen Anne - 1708

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The Royal Prerogative with respect to domestic affairs is extensive. He or she is responsible for the appointment and dismissal of ministers, Privy Counsellors, members of various executive agencies, and other officials. Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers. In addition, the monarch is the head of the Armed Forces (the British Army, the Royal Navy, and the Royal Air Force). It is the Sovereign's prerogative to declare war, make peace, and direct the actions of the military; as usual, the power is used only on ministerial advice.

Related Topics:
British Army - Royal Navy - Royal Air Force

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The Royal Prerogative, in addition, extends to foreign affairs. The Sovereign may negotiate and ratify treaties, alliances, and international agreements; no parliamentary approval is required. However, a treaty cannot alter the domestic laws of the United Kingdom; an Act of Parliament is necessary in such cases. The Sovereign also accredits British High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all British passports are issued in the monarch's name.

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Furthermore, the Sovereign is deemed the fount of justice, and is theoretically responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. The Crown Proceedings Act 1947 allows civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government); however, lawsuits against the monarch personally are not cognizable. The Sovereign also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial, but are in practice granted only on ministerial advice.

Related Topics:
Crown Proceedings Act 1947 - Pardon

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Similarly, the monarch is also the fount of honour, the source of all honours and dignities in the United Kingdom. Thus, the Crown creates all peerages, appoints members of the orders of chivalry, grants knighthoods, and awards other honours. In practice, peerages and most other honours are granted on the advice of the Prime Minister. Some honours, however, are within the personal gift of the Sovereign, and are not granted on ministerial advice. Thus, the monarch alone appoints members of the Order of the Garter, the Order of the Thistle, the Royal Victorian Order, and the Order of Merit.

Related Topics:
Fount of honour - Orders of chivalry - Order of the Garter - Order of the Thistle - Royal Victorian Order - Order of Merit

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Finally, the Sovereign is the Supreme Governor of the Church of England, the officially established church in England. As such, the monarch has the power to appoint archbishops and bishops. The Prime Minister, however, chooses the appointee, though he or she must select from a list of nominees prepared by the Crown Nominations Commission. The Crown's role in the Church of England is purely titular; the most senior clergyman, the Archbishop of Canterbury, is seen as the spiritual leader of the Church and of the worldwide Anglican Communion. The monarch is only an ordinary member, and not the head or leader, of the established Church of Scotland; however, he or she does hold the power to appoint the Lord High Commissioner to the Church's General Assembly. The Sovereign plays no formal role in the Church in Wales and the Church of Ireland, neither of which is an established church.

Related Topics:
Supreme Governor - Church of England - Established church - Archbishop of Canterbury - Anglican Communion - Church of Scotland - Lord High Commissioner - General Assembly - Church in Wales - Church of Ireland

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The Great Seal of the Realm is the device used to authenticate important official documents, including letters patent, proclamations, and writs of election. The Great Seal of the Realm is in the custody of the Lord Chancellor. For matters relating exclusively to Scotland or Northern Ireland, the Great Seal of Scotland or the Great Seal of Northern Ireland is used, as the case may be.

Related Topics:
Great Seal of the Realm - Letters patent - Proclamation - Writs of election - Lord Chancellor - Great Seal of Scotland - Great Seal of Northern Ireland

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