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Powers of H.M. The Queen

Sunday, January 6, 2013 11:23

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(Before It's News)

The Queen herself retains four key constitutional powers. Only the Queen herself may exercise these powers. No minister or advisor may exercise these powers on her behalf.

The power to appoint the Prime Minister

Legally, the Queen has the power to appoint whomever she wishes to be the Prime Minister. Equally, if she so decided, she could appoint nobody to the office and could keep it vacant. There is no legal requirement even that the person appointed as Prime Minister be a Member of Parliament. Conventionally, however, the Prime Minister is the leader of the party with an overall majority of seats in the House of Commons.

The power to dissolve Parliament

A dissolution of Parliament is the device that triggers a General Election. Only the Queen can dissolve Parliament and she has the power so to act at any time, for any reason, or for none. Normally the Queen will dissolve Parliament only on the advice of the Prime Minister. But Edward VII insisted on a dissolution in 1910 before he would agree to act on certain policies preferred by the Prime Minister of the day (Asquith). A full constitutional crisis was prevented only by the King’s death and his replacement by George V.

The power to dismiss the Government

Legally, the Queen has the power to dismiss the Government at any time and for any reason or for none. No exercise of this power could be struck down by any court of law. This power was last exercised in the United Kingdom by William IV in 1834, but it remains in place.

The power to withhold royal assent to legislation passed by the Houses of Parliament

No Bill can become a legally binding Act of Parliament unless and until it receives the royal assent. This means that the Queen has a veto on all legislation passed by Parliament. She has the power to withhold her assent to any legislation for any reason or for none. Were she to exercise this power no court could hold it illegal. It was last exercised in the United Kingdom by Queen Anne in 1708 but has been threatened to be exercised several times in the twentieth century, not least, it is reported, by the current heir to the throne, Prince Charles.

In times of Crisis, as with a hung Parliament, the lack of an automatic choice of Prime Minister or an unjustifiable and unnecessary request for a dissolution of Parliament, the Monarchy provides an impartial and non-political arbitrator.

Full List of Powers

Domestic Affairs

The appointment and dismissal of ministers;

The summoning, prorogation and dissolution of Parliament;

Royal assent to bills;

The appointment and regulation of the civil service;

The commissioning of officers in the armed forces;

Directing the disposition of the armed forces in the UK;

Appointment of Queen’s Counsel;

Issue and withdrawal of passports;

Prerogative of mercy. (Used to apply in capital punishment cases. Still used, eg to remedy errors in sentence calculation)

Granting honours;