2 - The Crown

Question 1

History of role of crown

Answer 1

-Magna Carta - guaranteeing certain rights and powers to aristocracy against the king (withdrawn)
- William 3 and Mary 2 - on throne when Bill of rights agreed to
- in exchange to being put on throne they agreed rights and privileges for parliament

Question 2

Early revolution - 1600-1707

Answer 2

• English civil wars 1642-1651 - conflict between Charles 1 and parliament, suspended for 11 months, period of Oliver Cromwell rule
• 1688 Glorious Revolution - Charles 2 dies and parliament support William of Orange against James 2 in exchange for Bill of rights
• Act of settlement 1701 - set out monarch as heir to Princess Sophia
• Act of Union 1707 - unite England and Scotland to create UK

Question 3

Bill of Rights

Answer 3

-Monarch cannot execute or suspend laws w/out parliamentary approval e.g., R(Miller) v Secretary of state for exiting EU.
- Parliament is to meet frequently – Dissolution and Calling of Parliament Act 2022 section 4 (must be election every 5 years)
- Parliamentary Privilege - freedom of speech in parliament
- Beginnings of Parliamentary sovereignty

Question 4

Aspects of the Crown

Answer 4

1- physical jewellery
2 - Monarch as an office (enduring and constant)
3 - Sources of state institutions - Crown in parliament, CPS, His Majesty’s courts

Question 5

Remaining Royal prerogatives of the Monarch

Answer 5

-Appointing the prime minister
-Giving Royal assent to legislation
-Dissolve parliament before a general election
-Prorogation – to suspend parliament – only exercised on ministerial advice.
-‘consult, encourage, warn’ PM.
-Significant powers but there are limits set out in conventions.

Question 6

Modern Relationship between crown and gov

Answer 6

-Crown’s administrative powers are now exercised by executive - exercise of these powers must be compatible with legislation and the common law.
-The gov uses the power of the crown.
-Monarch does have some prerogative power which only they can execute (mostly conventions)

Question 7

Separation of Powers

Answer 7

• Montesquieu’s theory – reach branch should operate independently from one another.
  -This is to prevent abuses of power by another branch
• Ministerial and other salaries Act 1975 – only 21 cabinet ministers plus the Lord chancellor, only 109 paid minsters in total.
• House of commons Disqualification Act 1975 – up to 95 MPs can be ministers.