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/royalf
amily.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