Constitutional monarchy in pictures

• Alison Riley

• Linked to:

• Legal English and the Common Law, Alison Riley, Cedam Padova, 2012

– Chapter 2.2.3 Constitutional monarchy

• With elements of comparison with the Italian Constitution: Head of State

Parliament

Charles I

Charles I

The King’s last words

• “For the people I truly desire their liberty and freedom as much as anybody whatsoever;

• but I must tell you that their liberty and freedom consists in having government, those laws by which their lives and goods maybe most their own.

• It is not their having a share in the government; that is nothing appertaining to them;

• a subject and sovereign are clean different things …”

An interlude

• 1649-1653 The Commonwealth (Republic)• 1653-1659 The Protectorate:

– a ‘monarchy’, but not in name– Lord Protector - Oliver Cromwell (then his son, Richard)

– Cromwell ruled with:• A Council of 15• A Parliament of 400

• 1660 Restoration of the monarchy:– Son of Charles I, Charles II (1660-1685)– James II (Catholic rule) (1685-1688)

1689: a new constitutional settlement

Glorious revolution/English revolution• William III and Mary II were offered the throne in 1689 “to rescue the nation

and the religion”• BUT strict conditions were attached: a ‘contract’

BILL OF RIGHTS 1689 - shift in the balance of power Parliamentary sovereignty

– No army could be raised without parliamentary approval;– Taxation required parliamentary approval;– no special courts for political ends;– free elections and annual parliaments;– freedom of speech inside Parliament;– protestant monarchy guaranteed (+ Act of Settlement 1701)

Revolution or evolution?

• In modern times:– no single event has created the need for

comprehensive revision of the constitution

• The British constitution: – ‘has evolved in phases reflecting the political, social,

and economic experiences of many centuries’ Peter Leyland, op.cit.

• It is a flexible constitution: it is not entrenched

“The Queen reigns but does not rule”

• The Royal Prerogative – remaining rights and powers

• The Royal Assent – a formal act

• The most important constitutional convention:– She must act on the advice of her ministers

• She has the right to be informed, to warn and to advise

Sir Winston Churchill

Margaret Thatcher

Tony Blair and his wife Cherie Booth

Gordon Brown

• Chancellor of the Exchequer under Blair

• Prime Minister till May 2010

David Cameron

Comparing constitutions

British head of state Italian head of state

Applying for the job

Italian President

• Art 84 cost. Può essere eletto Presidente della Repubblica ogni cittadino che abbia compiuto cinquanta anni d’età e gode dei diritti civili e politici

• Art. 85 Il Presidente della Repubblica è eletto per sette anni

British monarch

• Accession to the throne by hereditary title

• Prince Charles is heir to the throne

• Prince William is second in line to the throne

• Novelty: equality for girls• The King is dead. Long

live the King!

http://www.britroyals.com/royalfamily.htm

Heir to the throne

A symbol of national unity

The Queen is a symbol of national unity

Art 87: è il capo dello stato e rappresenta l’unità nazionale

Legislative role

The Royal assent

• Part of the Royal Prerogative

• By convention the Queen always gives the Royal Assent (she must act on the advice of her ministers)

• A bill becomes an Act and enters into force on the day of Royal Assent

La promulgazione delle leggi

• Art 73 prima di promulgare la legge, può, con messaggio motivato alle Camere chiedere una nuova deliberazione.

• Art. 87 Promulga le leggi ed emana i decreti aventi valore di legge e i regolamenti

Making appointments

The Queen appoints the Prime Minister and the government ministers, selected by the PM

Art. 92

• Il Presidente della Repubblica nomina il Presidente del Consiglio dei Ministri e, su proposta di questo, i ministri