changed from being the weapon of the monarchy to being the means of giving effect to the public will. Today, the Queen acts only on the advice of her ministers which she cannot constitutionally ignore. She reigns, but she does not rule. The United Kingdom is governed by Her Majesty's Government in the name of the Queen.
Within this framework, and in spite of the fact that the trend of legislation during the past hundred years has been to assign powers directly to ministers without any necessity for royal intervention, there are still important acts of government which require the participation of the Queen.[1]
The Queen summons, prorogues and dissolves Parliament; she opens the new session with a speech from the throne, and must give Royal Assent before a Bill which has passed all its stages in both Houses of Parliament becomes a legal enactment. The Queen is the fountain of justice', and in spite of the fact that the judiciary is now completely independent of the executive 'all jurisdictions of the courts are either indirectly or immediately derived from the Crown'. As 'the fountain of honour', the Queen makes appointments to peerages, knighthoods and other honours; to all important State offices,[2] including judges, officers in the armed forces, governors, diplomats and consuls; and to all leading positions in the established Church of England. The Queen's consent and approval are required before a minister can take up office or a Cabinet be formed. In international affairs, it is the Queen's prerogative to conclude treaties, to cede or accept territory and to declare war or to make peace.
That there is clear ministerial responsibility for all these acts of government is shown in the three ways in which the royal will can be constitutionally expressed: by Order in Council (see pp. 26-27) made 'by and with the advice of the Privy Council'; by Order, Commission or Warrant under the sign manual, which generally bears the signature of one or more responsible ministers; or by Proclamation, Writs, Patents, Letters or other documents under the Great Seal affixed by the Lord Chancellor in obedience to a Royal Warrant countersigned by a minister.
Ministerial responsibility for the exercise of powers by the Crown does not detract from the importance of the participation of the Sovereign in the smooth working of government; for although the Queen has no personal authority and must show complete impartiailty in every field, she must be informed and consulted on every aspect of the national life to the widest possible extent. The Queen holds meetings of the Privy Council, gives audiences to her ministers and other holders of office at home and overseas, receives accounts of Cabinet decisions, reads dispatches and signs innumerable State papers.
Ceremonial has always been associated with the kings and queens of the British Isles, and in spite of the changes that have taken place with the altered outlook on life of both the Sovereign and the people, certain customs and usages are the same today as they were many centuries ago.
The Queen still holds Courts, at which the formal ceremony of presentation is retained. Royal marriages, the birth of royal children and royal funerals are still marked by ancient ceremonial, although to a lesser degree than in former days. The birthday of the Sovereign, formerly the occasion of many royal and public functions, is today officially celebrated early in June by Trooping the Colour on the Horse Guards Parade.
State banquets still take place when a foreign monarch or head of State pays a visit to
- ↑ Provision is made by Act of Parliament for the appointment of a Regent in the event of the Sovereign's total incapacity. In the event of the Sovereign's partial incapacity or absence abroad, provision is made for the appointment of Counsellors of State to carry out such of the royal functions as are delegated to them.
- ↑ In 1901 the Demise of the Crown Act provided that the holding of any such office should not be affected by the demise of the Crown and that no fresh appointment should be necessary.
