Lecture 1

What you should know before and after Lecture 1

Outline of the lecture

I. Introduction to the Monarchy

The UK’s system is known as a constitutional monarchy. A monarchy is a system in which the head of state is a monarch whose power is shared with a constitutionally organized government. It’s different from a republic. In a republic, the head of state is a president with more or less power.

The sovereign and the branches of government

Power in the 3 branches of power. Her power is symbolic.

• In the executive branch (the government)
• In the legislative branch (parliament)
• In the judicial branch (courts and judges)

Executive power:

-The government is known as her majesty’s government

-10 Downing street: official residence and workplace of the prime minister

-The sovereign appoints the prime minister and the cabinet. It seems like she has an important political power. In reality she just accepts it.

-Every week, there is a private meeting between the queen and the prime minister. It’s a tradition. Some hate it (like Margaret Thatcher), some love it.

-The sovereign can also use the Royal prerogative. This allows her to take certain decisions without approval by parliament.

-the sovereign is head of armed forces. This is also symbolic. She doesn’t make any important decisions.

Legislative power:

-The queen in parliament

-The sovereign needs to approve of a bill which passes through parliament before it becomes law. This is the Royal Assent.

-All laws are made in the name of the queen. ← symbolic. She could say no but she never do it. She doesn’t read them.

-she opens and prorogues parliament. During the opening of the parliament she reads a speech explaining what laws their government plans to enact. This is the queen speech. She doesn’t write it.

Judicial power:

-The sovereign is considered to be the Fount of Justice.

-The most important judges are appointed by the sovereign ← theoretically

-The courts are run in the name of the sovereign.

-Criminal cases are initiated by the Crown Prosecution Service.

-They used to be real responsibilities. Now they are just ceremonies.

-On behalf of the crown

Regina v Smith or R v Smith. Regina means queen in latin and rex is for king. Regina represents the society.

How much power does the sovereign really have?

-very little: the prime minister tells the sovereign who to appoint as ministers.

-The Royal Prerogative powers are almost all exercised on the advice of the government.

-Any important decision about the army are made by the government.

-When a bill has passed through parliament, Royal Assent is just a formality.

-The queen’s speech is written by the government.

-The decision to prorogue (suspender) or to dissolve parliament is determined by law;

-Almost all judges are appointed by a Judicial Appointments Commission. They select judges from a list of candidates and give their appointee to the government. The government passes the names on to the monarch who automatically makes the appointment.

Conclusion: The legislative, executive and judicial power previously held by the crown has greatly diminished. It now plays a symbolic role in these institutions (trace of the past when it held real power). We say that “the sovereign reigns but does not rule.”

II.A Short History of the Monarchy

How did the monarch come to lose his power?

-A historical process resembling a rise and fall more than a gradual decline. It’s irregular. A king can give power to the government and the next king want it back. It’s like a competition.

-The monarchy strengthened its power during the Renaissance. This brought into conflict with parliament. Parliament won, the monarchy lost.

The Norman Conquest to the Magna Carta

-Norman invasion in 1066.

-Led by William the Conqueror

-He defeated king Harold at the battle of Hastings and took control of most England and Wales.

-Governed using a feudal systems: king , nobles, knights, peasants.

-Also needed to have the church on his side.

Abuse of royal power:

The relation between a king and his nobles was not always easy.

-If he asked them for too much money

-If he confiscated their lands

-If he lost their lands in battle

-If he abused his royal power

At the beginning of the 13th century, king John did all of these things. He lost the support of the catholic church and was excommunicated.

The Baron’s rebellion:

-The main noble families rebelled against John in 1215 ← successful

-They forced him to promise that he would no longer abuse his royal power.

-They made him write these promises down and made him sign it.

-The document was called the Magna Carta, a very significant document in English constitutionary history.

The magna Carat – Main aspects:

-It was a peace treaty between the king, the barons and the church. The king agreed to limit his royal power.

-he would ensure the freedom of the church

-he would not require high taxes to be paid by his feudal lords

-he would not detain a freeman arbitrary

-he would ensure trial by jury

-a council of 25 barons would ensure the Magna Carta was observed. Some say it’s a very primitive form of parliament.

Significance of Magna Carta:

-very significant symbolically in the long term

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