PRINT PAGE
King John (r. 1199-1216) was forced by his barons to sign a treaty called Magna Carta which limited Royal powers and guaranteed a number of rights for themselves
© The Royal Collection © 2006, Her Majesty Queen Elizabeth II

As a system of government, constitutional monarchy has many strengths. One is that it separates out the ceremonial and official duties of the Head of State from party politics. Another is that it provides stability and continuity, since the Head of State remains the same even as governments come and go.

Constitutional monarchy is a form of government in which a king or queen acts as Head of State, while the ability to make and pass legislation resides with an elected Parliament.

The Sovereign governs according to the constitution – that is, according to rules, rather than according to his or her own free will.

Although the United Kingdom does not have a written constitution which sets out the rights and duties of the Sovereign, they are established by conventions. These are non-statutory rules which can bind just as much as formal constitutional rules.

As a constitutional monarch, The Queen cannot make or pass legislation, and must remain politically neutral. On almost all matters The Queen acts on the advice of ministers.

However, the Sovereign retains an important political role as Head of State, formally appointing prime ministers, approving certain legislation and bestowing honours.

The Queen also has official roles to play in other organisations, such as the Armed Forces and the Church of England.

As a system of government, constitutional monarchy has many strengths. One is that it separates out the ceremonial and official duties of the Head of State from party politics.

Another is that it provides stability, continuity and a national focus, since the Head of State remains the same even as governments come and go.  

The Bill of Rights Act of 1689 set out the foundations of constitutional monarchy.

Rights obtained by Parliament included:
Freedom from Royal interference with the law;

Freedom from taxation by Royal prerogative;

Freedom to petition the King;

Freedom to elect members of Parliament without interference from the Sovereign.

The origins of constitutional monarchy in Britain go back a long way. Until the end of the seventeenth century, British monarchs were executive monarchs, which means that they had the right to make and pass legislation.

But even in early times there were occasions when the Sovereign had to act in accordance with the law and take into account the will of his people.

With the signing of the Magna Carta in 1215, for example, the leading noblemen of England succeeded in forcing King John to accept that they and other freemen had rights against the Crown.

In the seventeenth century, the Stuart kings propagated the theory of the divine right of kings, claiming that the Sovereign was subject only to God and not to the law.

Widespread unrest against their rule led to civil war in the second half of the seventeenth century. In 1688-9 Parliamentarians drew up a Bill of Rights, which established basic tenets such as the supremacy of Parliament.

The constitutional monarchy we know today really developed in the eighteenth and nineteenth centuries, as day-to-day power came to be exercised by Ministers in Cabinet, and by Parliaments elected by a steadily-widening electorate.

One of the most important writers on the subject of constitutional monarchy was a Victorian economist and writer called Walter Bagehot (1826-77). 

His book, ‘The English Constitution’, first published in 1867, provided an analysis of the role of monarchy which remains relevant today.

For example, Bagehot describes the way in which monarchy symbolises the unity of the national community.

The Queen receives Government papers each day, but acts on the advice of her ministers
© Press Association

He wrote: “The nation is divided into parties, but the crown is of no party. Its apparent separation from business is that which removes it both from enmities and from desecration, which preserves its mystery, which enables it to combine the affection of conflicting parties ….”

Bagehot also noticed the importance of the Royal Family. “A family on the throne is an interesting idea also. It brings down the pride of sovereignty to the level of petty life.”  

From the point of view of political power, according to Bagehot, the main influence of the Sovereign was during a political ministry, for the Sovereign had three rights: “the right to be consulted, the right to encourage, the right to warn”.

According to Bagehot, a Sovereign would, over the course of a long reign, accumulate far more knowledge and experience than any minister. 

Bagehot’s views of how monarchy works proved influential, and by the reign of King George V, the principle of constitutional monarchy was firmly established in Britain.