vendredi 26 février 2016

Monarchy + The Queen (by Stephen Frears (2006))

Monarchy

The current monarch has been Queen Elizabeth II since February 6th, 1952

Queen Victoria’s reign (1837-1901) is then the second longest one.

In 2012, she celebrated her Diamond Jubilee.

—A Constitutional Monarchy

The Bill of Rights (1689) curtailed the King or Queen’s powers.

The Queen is meant to be a non-partisan figure

She stands for unity as well as continuity, no matter what the political majority is.

She has mainly ceremonial, representational and diplomatic functions. 


She is still the official Head of the United Kingdom
(She is the Head of State / As Head of state)

The Commonwealth RealmsFifteen Commonwealth countries have the British monarch as their sovereign as well.

Head of the CommonwealthBut, whatever the statute of the Commonwealth countries, whether they be republics or monarchies, the British monarch is also Head of the Commonwealth.   

—She is the Head of the Armed Forces / She officially declares war or signs treaties

The Sovereign Support Grant

Relationship with the executive
—The executive powers are delegated from the sovereign to the Government.
The Queen appoints the Prime Minister:




Weekly meetings: The Monarch’s role is a Consultative role
In The English Constitution (1867), Walter Bagehot distinguished between

the “Dignified” part (Monarch)

and the “Efficient” part (HMG)

The role of the monarch is threefold. He has the right:
to be consulted
to encourage
to warn

                                                      Relationship with Parliament

The "Crown in Parliament"

—The State Opening of Parliament = the Speech from the Throne

The Royal Assent

Life Peers (Life Peerages Act 1958):
She appoints life peers with the advice and consent of the Prime Minister

Role in the Judiciary

—Suspects are prosecuted by the Crown Prosecution Service or CPS 

Barristers and solicitor advocates can be appointed Queen’s counsel, formally by the monarch, in fact by a panel of lawyers, judges and lay people

—The Queen no longer appoints senior judges since they are appointed by the Judicial Appointment Commission

—She can exercise the prerogative of mercy (grant free or conditional pardons, remit penalties, albeit on the advice of her government.)

—Pursuant to the Crown’s Proceedings Act (1947):

Civil actions can be brought against the Monarch who can now be sued in tort or in contract for himself/herself or servants or agents working for him/her.

NB: Vocabulary

Sue (v.): to bring a civil action against someone

Prosecute (v.): 1. to hold a trial against a person who is accused of a crime to see if that person is guilty / 2. to work as a lawyer to try to prove a case against someone accused of a crime

Tort (n.): an action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court / A wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction

To sue in tort

To sue for negligence

Head of the Church of England

The Monarch is the Supreme Governor of the Church of England.
He or she appoints bishops and archbishops on the advice of the Prime Minister who chooses from a list prepared by a Church Commission.
But, once more, her role is mostly titular since the spiritual leader is the Archbishop of Canterbury (i.e. the most senior clergyman). (Justin Welby)


—The Queen is “Fount of honours”:

She (or members of the Royal Family acting on her behalf) gives medals and honours to recipients mostly chosen by the PM.

Some orders, however, are considered as her “personal gift” and she is thus the only one who can decide who will be awarded them:

the Order of the Garter,
the Order of the Thistle
the Order of Merit,
the Venerable Order of Saint-John.

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