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Crown-in-Parliament

TEXT 4 CONSTITUTIONALISM | LANGUAGE PRACTICE AND COMPREHENSION CHECK | The importance of Magna Carta | That the king can do no wrong, is a necessary and fundamental principle of the English constitution. | Democracy, tyranny, convention, checks and balances, separation of powers | Protection of the Constitution | C).The rule of law is developed from the writings of the nineteenth-century writer Dicey. | Rule According to Higher Law | LANGUAGE PRACTICE AND COMPREHENSION CHECK | Unlimited power is apt to corrupt the minds of those who possess it. |


The ‘Crown-in-Parliament’ - that is Parliament and the Crown together - is sovereign in the British constitution. Laws passed by Parliament and signed by the Monarch cannot, at least in theory, be overturned by any other body.

The Crown is a term which is used interchangeably to refer to the state, the Monarch herself, or the government. The State refers to the set of institutions which govern Britain; the offices of the state are occupied by the government.

Until the political upheavals of the 17th century, sovereignty vested exclusively in the Monarch who was chosen by God. The restoration of the monarchy in 1660 represented a compromise in which power was shared between Parliament and the Monarch and his advisors.

Political elites retained the fiction that it was the Monarch who was the source of all state power; but in practice it was those elites who exercised state power, not the Monarch. This was, however, a gradual process: even in the 19th century, some Monarchs considered themselves at least coordinate in authority to Parliament. Over time, and particularly with the expansion of the right to vote, the Monarch’s role in British politics became limited to a few ‘reserve’ powers, with ministers themselves exercising the most important royal prerogatives. However, in constitutional theory, government ministers in the present day continue to exercise authority in their capacity as advisors to the Monarch.

The monarchy retains a prominent position in British public life, despite its essentially marginal constitutional role. While it is generally understood that the Monarch is no longer sovereign, there is still a social consensus that the Queen plays an important, if rather nebulous, role in the workings of the state. This consensus is not of course unanimous, and depends in part on the personal popularity of the incumbent, but it unlikely that the institution of monarchy could survive without it.

Queen Elizabeth II’s longevity (she has reigned since 1953) has encouraged the perception – arguably a misleading perception – that Britain’s constitutional order is essentially stable, in spite of vast social, economic and political changes. In her time, the United Kingdom has shrunk from empire to nation-state; gone from standing outside Europe to being a member of the EU; from a unified multinational state to a state of devolved nations; from Churchill to Cameron.

By the rules of succession the Monarch’s eldest son will take the office of head of state on the death of the Monarch. If there is no son, the office passes to the eldest daughter. The Commonwealth is understood to have been involved in ongoing discussion regarding the law favouring male offspring, which has also been challenged in the Commons in 2011 by Keith Vaz. As things stand, the Monarch must also be a Protestant, a member of the Church of England, and cannot be a Roman Catholic or married to a Roman Catholic.

 

TASK III. a) Read the texts about the modern functions of the Monarch:

The Monarch of Britain has a number of functions. Of these, the functions of Head of State, Constitutional Monarch and supreme governor of the Church of England are most important.


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