Reserve power

A reserve power is a power that may be exercised by the head of state of a country in certain exceptional circumstances.

Constitutional monarchs

Heads of state in countries with either an uncodified and partly unwritten constitution (such as the United Kingdom) or a wholly written constitution that consists of a text augmented by additional conventions, traditions, Letters Patent, etc. (such as the Commonwealth of Australia) generally have reserve powers. The head of state can be a monarch or the monarch's representative in a constitutional monarchy.

Related Topics:
United Kingdom - Commonwealth of Australia - Monarch - Constitutional monarchy

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Typically these powers are:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

• to appoint a Prime Minister;
• to dismiss a Prime Minister;
• to refuse to dissolve Parliament;
• to force a dissolution of Parliament;
• to refuse or delay the Royal Assent to legislation. To withhold the Royal Assent amounts to a veto of a Bill. To reserve the Royal Assent in effect amounts to a decision neither to grant or refuse a dissolution, but to delay taking a decision for an undetermined period of time.
• Royal Prerogative

There are usually strict constitutional conventions concerning when these powers may be used, and these conventions are enforced by public pressure. Using these powers in contravention of tradition would generally provoke a constitutional crisis.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Some political scientists believe that reserve powers are a good thing in that they allow for a government to handle an unforeseen crisis and that the use of convention to limit the use of reserve powers allows for more gradual and subtle constitutional evolution than is possible through formal amendment of a written constitution. Others believe that reserve powers are vestigial and potentially dangerous parts of a constitution.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Reserve powers often originate in situations in which the head of state begins with vast discretionary powers which over time become more difficult to execute in practice without provoking a constitutional crisis. As a society becomes more democratic, conventions and limitations on the power of the head of state become increasingly established and constitutional evolution occurs by establishing conventions rather than by formal amendment of the constitution. As a result, reserve powers often exist in the context of constitutional monarchies.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Commonwealth of Nations

Within the Commonwealth realms (or dominions) until the 1920s, most reserve powers were exercised by a governor-general, on the advice of the British government, normally in the form of written instructions issued to him when he took office.

Related Topics:
Commonwealth realms - Dominions - Governor-general

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

For example, the first Governor-General of the Irish Free State, Tim Healy was instructed by the British Dominions Office in 1922 to withhold the Royal Assent on any Bill passed by the two houses of Oireachtas Éireann (the Irish parliament) that attempted to change or abolish the Oath of Allegiance.

Related Topics:
Governor-General of the Irish Free State - Tim Healy - Oireachtas Éireann - Oath of Allegiance

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

However no such Bill was introduced during Healy's period in office (1922-1928). By the time the Oath was abolished, some years later, the Irish Governor-General was formally advised exclusively by the Irish government. (After a 1927 Commonwealth conference decision, the Governer-General was no longer advised by the British government, but rather, by that of each individual state).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The United Kingdom

In the United Kingdom, The Queen has numerous theoretical "personal prerogatives." In practice, however, there are no circumstances in modern British government where these could be justifiably exercised; few have been exercised in the last century. Her Majesty's personal prerogatives are:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

• The appointment of a prime minister. This was last done in 1974 when Parliament was hung and The Queen appointed Harold Wilson as prime minister. Precedent has that the monarch would send for the leader of the largest (or next-largest) party able to command the support of a majority in the House of Commons. These days, political parties elect their own leader, so this prerogative will likely not need to be invoked;
• The refusal to dissolve Parliament when requested by the Prime Minister. This was last reputedly done in 1910 (but George V later changed his mind);
• The dismissal of a Prime Minister and his Government. This was last done in Britain in 1834 by King William IV; and
• The refusal of the Royal Assent, last exercised in 1708 by Queen Anne.

It should be noted that The Queen's personal prerogatives are quite distinct from those of her Governors-General. In 1975, the Australian Governor-General John Kerr dismissed the Government, causing a massive outcry still felt today in the republican movement. (The Queen's Private Secretary later admitted The Queen thought he had acted "prematurely").

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Belgium

In 1990, when a law liberalizing Belgium's abortion laws was approved by parliament, King Baudouin refused to give his Royal Assent, an unprecedented move. The cabinet declared him unable to reign for a day and, conforming to the Belgian Constitution's provision that, if the king is incapable of reigning, the government as a whole will fulfil the role of head of state, all members of the government signed the bill, passing it into law. The government declared that Baudouin was capable of reigning again the next day.

Related Topics:
1990 - Belgium - Abortion - Baudouin - Royal Assent - Belgian Constitution

~ ~ ~ ~ ~ ~ ~ ~ ~ ~