Constitutional monarchy in pictures Alison Riley Linked to: Legal English and the Common Law, Alison...
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Transcript of Constitutional monarchy in pictures Alison Riley Linked to: Legal English and the Common Law, Alison...
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/royalfamily.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