Constitutional monarchy in pictures Alison Riley Linked to: Legal English and the Common Law, Alison Riley, Cedam Padova, 2012 –Chapter Constitutional monarchy With elements of comparison with the Italian Constitution: Head of State

Parliament

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 The Commonwealth (Republic) 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 Restoration of the monarchy: –Son of Charles I, Charles II ( ) –James II (Catholic rule) ( )

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 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 stateItalian 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!

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