London : The UK is a democratic constitutional monarchy. The monarch plays an important role in both government and the UK parliament, exercising a number of constitutional responsibilities and powers, as well as ceremonial duties.
The nature, extent, and basis of the monarch’s constitutional role in parliament has changed significantly over the centuries. The monarch is a component part of the UK parliament and retains some powers in relation to it; and MPs and peers retain certain responsibilities to the monarch. However, it is also a core constitutional principle dating back to the English Civil War that parliament – and especially the House of Commons – can assert independence from the monarch’s control. These factors shape the nature of the relationship between parliament, the monarch, and the broader royal family.
What is the constitutional role of the monarch in parliament?
The monarch is a part of the UK parliament alongside the House of Commons and House of Lords, something formally referred to as the ‘Crown in Parliament.’
According to Erskine May, the guide to parliamentary procedure, “the King or Queen has always enjoyed, by prescription, custom and law, the chief place in parliament and the sole executive power.”1 This is symbolised in a number of ways: for example, all MPs and peers must swear an oath or make an affirmation of loyalty to the monarch in order to take their seats; and neither house of parliament can meet or make law unless the Mace, which represents royal authority, is present.
At the same time, there are symbolic ways in which parliament, demonstrates their independence from the control of the monarch. For example, when the monarch attends parliament for the State Opening, and sends their representative in parliament – Black Rod – to summons the Commons to hear the King’s Speech, the Commons door is initially closed to Black Rod before being opened. And in both Houses, the first order of business following the King’s Speech is the reading of two specific symbolic ‘bills’ (the Outlawries Bill in the Commons and the Select Vestries Bill in the Lords) which represent the ability of parliament to debate subjects of its choice.2
What powers does the monarch exercise in relation to parliament?
The monarch retains a number of powers in relation to parliament. Many of these have their basis in the ‘royal prerogative’, a term referring to a range of executive, judicial, and legislative powers that the monarch has historically been able to exercise themselves.3 However, where once the monarch may have exercised these powers themselves, they are now much more limited, and generally exercised according to law or on the advice of the government.
Powers that the monarch has in relation to parliament include:
- The dissolution and prorogation of parliament. Dissolving parliament ahead of an election is a prerogative power of the monarch. In practice, the monarch only dissolves parliament at the request of the government. Constitutional scholars debate whether the monarch could theoretically deny such a request, but it is generally accepted that this could only occur in exceptional circumstances, and is highly unlikely to happen. The monarch can also prorogue parliament via the mechanism of an Order in Council, using a prerogative power, and it is again generally accepted that this is only done at the request of the government, which the monarch will not deny.
- Creating peers. The monarch can create life peers, who sit in the House of Lords. The power to do this is set out in legislation, and it is done by the monarch on the advice of the prime minister. Separately, the monarch retains a prerogative power to create hereditary peerages, though this is rarely used.
- Appointment of the Lords Spiritual. The monarch is responsible for the appointment of all archbishops and bishops in the Church of England, of whom 26 sit in the House of Lords as the ‘Lords Spiritual’.
- Approval of the Speaker and Lord Speaker. MPs elect the Speaker of the House of Commons, but they must then be approved by the monarch. Similarly, in the Lords peers elect the Lord Speaker, who is also subject to approval by the monarch. In practice this is a formality.
Additionally, the monarch retains a number of powers in relation to government that have major impact on the workings of parliament: in particular, the power to appoint and remove ministers, including the prime minister.
Does the monarch have any role in the legislative process?
Yes. In order for any bill passed by parliament to become law, it must receive Royal Assent. This is a formality. Royal Assent has not been withheld by a monarch since 1708.
Far more rarely, a piece of legislation going through parliament may need to receive King’s Consent (or Prince’s Consent, in some cases). This is only in relation to bills that might have a direct impact on the property or interests of the monarch (or heir to the throne). Again, this is understood to be a formality, and not something that a monarch would ever in practice refuse.
The monarch also has a formal role in relation to supply and appropriation bills, which are the legislation approved by parliament to authorise government spending. When a supply and appropriations bill is passed by parliament (which usually happens twice a year) and has received Royal Assent, the monarch and two Lord Commissioners of the Treasury must sign an order.4
Are any members of the royal family also members of parliament?
No, not any more. Prior to the passage of the House of Lords Reform Act 1999, some members of the royal family (including then then-Prince of Wales, now King Charles III) were also members of the Lords, though they did not speak in debates and rarely attended the House.
However, the 1999 Act abolished the rights of the majority of hereditary peers to sit in the Lords. Those who were hereditary peers in the Lords at the time of the Act, including members of the royal family in the Lords, were offered life peerages so that they could stay in the House. Lord Snowdon accepted a life peerage, other members of the royal family declined. Since Lord Snowdon’s retirement from the Lords, there have been no members of the royal family in the upper House.
