The Constitutional Crown

A revision of constitutional monarchy? 

The UK’s constitutional monarchy is a widely celebrated institution. The continuity of the monarchy, by contrast to political and societal change, presents a lasting symbol of national unity (Bogdanor, 1996). It provides constitutional stability; the monarch is apolitical yet possesses the capacity to ensure constitutional norms are maintained. Though the monarch possesses, in theory, an array of prerogative powers, the transfer of those powers to the effective exercise of ministers illustrates the gradual evolution of Britain’s uncodified constitution to democracy. The monarchy, in this sense, symbolises the constitution as an accumulation of legislative acts and convention, emerging over time (Bogdanor, 1996).  

Yet, the Crown’s constitutional role, as it currently exists, could put the monarchy and British democracy at risk. Operating in the context of an uncodified constitution, it is not inconceivable that the monarch’s prerogative powers, wherever they are exercised, could be used for malign purposes. For example, the key principle of parliamentary sovereignty, with sovereignty derived from the Crown as an integral part of Parliament, means there is supposedly no end to the power of Parliament. In practice, parliamentary power is often wielded by one party with a majority in the House of Commons. Parliamentary sovereignty is often challenged by the dominance of the executive. All this means that the monarch’s prerogative powers could be used, by ministers, to an unconstitutional or even undemocratic end.  

An example of this came in 2019 during the Brexit deadlock. To push through the government’s version of Brexit, Boris Johnson attempted to exploit the monarch’s prerogative power to prorogue Parliament, which is usually used for standard constitutional and administrative reasons. Members of the late Queen’s Privy Council advised Her Majesty to suspend Parliament. Constitutional convention directs that the monarch is obliged to accept and act on the advice of ministers, so the Queen approved and prorogued Parliament (BBC, 2019). Inevitably, due to the arbitrary nature of the suspension during key Brexit debates opposition parties prepared legal representations. In the end, the Supreme Court ruled that the advice given to the Queen was unlawful, as it prevented Parliament carrying out its legislative functions (BBC, 2019).  

By the late 19th century, it became accepted that the monarch usually exercises prerogative powers on the advice of their ministers. So, the 2019 saga was blamed on Boris Johnson and the government. There is, however, a bigger issue at the heart of the matter. The monarch’s prerogative powers are vast, affording ministers a wide array of powers. These are powers for which there is limited legal or constitutional accountability, given that they, at least formally, are within the Sovereign’s gift. The 2019 crisis, however exceptional the circumstances may have been, is an example of how the absence of a codified constitution can cause legal confusion and delay, hindering the work of Parliament and British democracy.  

Constitutional reform in Britain has occurred at a gradual pace. In so doing, Britain has managed to avoid violent and disruptive revolution, and developed a polity that has proven stable. However, the prospects for liberal democracy in the 21st century are growing dim. The spread of political corruption, misinformation, electoral fraud, democratic backsliding are all pervasive, even in previously stable democracies like Britain. While the 2019 case may have showcased the Supreme Court’s ability to protect constitutional norms, it doesn’t guarantee that a future government would be prevented from exploiting the lack of clear legal and constitutional parameters. In an era when politicians everywhere are running roughshod over convention and norms, it perhaps makes sense that Britain should consider constitutional reform. The practice of relying on the decency of ministers to conform to convention may have sufficed in a more predictable past; the new era of uncertainty suggests otherwise.  

References 

BBC (2019) ‘Supreme Court: Suspending Parliament was unlawful, judges rule’. Available at: https://www.bbc.co.uk/news/uk-politics-49810261 (Accessed: 28 January 2024).  

Bogdanor, V (1996). The Monarchy and the Constitution. Oxford: Oxford University Press. Available at: https://ebookcentral.proquest.com/lib/qub/reader.action?docID=3053174 (Accessed: 28 January 2024).