Lecture 1: The Monarchy PDF

1°) LECTURE ONE : THE MONARCHY UK → constitutional monarchy. But what does that mean ? De nition of a constitutional monarchy : is a system of gvt, a state in which the head of state is a monarch, and shares his power with a constitutionally organized gvt. (Repub...

1°) LECTURE ONE : THE MONARCHY UK → constitutional monarchy. But what does that mean ? De nition of a constitutional monarchy : is a system of gvt, a state in which the head of state is a monarch, and shares his power with a constitutionally organized gvt. (Republic : head of state = PR) I. The role of the sovereign nowadays Role of the queen → highly symbolic. 3 branches of gvt : the executive branch (gvt) the legislative branch (parliament) – House of Lord + House of Commons the judicial branch (the courts and judges) Symbol of the monarchy recurrent (ex : crown on top of the supreme court symbol, ''Her majesty government'') A) The Sovereign and the Executive Branch What role does the sovereign play in the executive branch ? --- To watch : The Queen (S. Frears 2006) => Queen not very warm, meeting short, shows a bit her superiority, used to be called ''distant'' (reputation of queen E. the II.) Movie is about how the monarchy reacted to Diana's death. Deals with institutions, power, British humor... Relationships between queen and executive branch Her Majesty’s government Power of the Queen in the ex. branch → appoint the PM and the Cabinet (real Power). The United Kingdom’s government is composed by Her Majesty’s government. The Royal Prerogative    fi  The Sovereign has retained some powers called prerogatives = privilege, special right of queens and kings. Allows the sovereign to make certain decisions without the approval of Parliament. Head of the armed forces The Sovereign is also the head of the armed forces. B) The Sovereign and the Legislative Branch What role does the sovereign play in the legislative branch ? --- Royal Assent The Queen must give her royal assent, and needs to give her approval for a bill to be passed by parliament, so it becomes law. The Queen (or sovereign) opens and prorogues (= suspends) every parliamentary sessions every year = Speech of the Queen State of Opening of Parliament : Sovereign reads a speech, explaining what laws their Govt plans to enact in the coming year. Purpose → historical meaning (even the speech is written by the gvt). Always talk as ''my gvt''. In this procesion, many historical symbols, royal symbols... Queen's speech is really symbolic, here to show the relationship between the legs. And ex. Branch with the Queen. Laws made in the name of the queen (or a sovereign) No monarch have the right to enter in the House of commons C) The Sovereign and the Judicial Branch What role does the sovereign play in the judicial branch ? --- Sovereign = is the fount (source) of justice, justice is made in her name - just like bills The courts run in the name of the queen (''her Majesty's Court, her Majesty’s Tribunal Service'') Most important judges are appointed by the sovereign       Criminal cases are initiated by the Crown Prosecut° Service, on behalf of the crown How much real power does the Monarch really have ? Executive branch In theory, she does have a lot of power. In practice/reality, she barely has no power at all. In the executive branch, she always respects the decision of the election of the PM and the results of the Prime Minister and the Cabinet. In theory, she of cially appoints the Prime Minister and the Cabinet BUT in reality... PM = leader of the majority party in the House of Commons. PM tells the Sovereign who to appoint as minister (so she doesn't really ''appoint'’) The Queen is not allowed to pronounce an opinion on them. She is also supposed to appoint the cabinet but in reality the PM does this job In reality, the gvt and the PM are more powerful than the queen, they’re the real boss. In theory, she has royal prerogatives BUT in reality... The Royal Prerogative powers are almost all exercised on the advice of the Gvt In theory, she is the head of the armed forces BUT in reality... any important decisions about the army are made by the Gvt. CC° about executive branch → Queen must do what the gv says cause he has the real power Legislative branch In theory, a bill passed through Parliament needs Royal Assent to become law BUT in reality... fi  Royal Assent is a formality, because the sovereign ALWAYS assents ( the only time a monarch refused to release a law was in the 18th century) It shows how the monarch has to obey the government. This means that, in effect, all laws pass through her hands but she does not make those laws. In theory, Q reads State of opening of the Parliament and opens and prorogues every parliamentary sessions every year a BUT in reality... Her speech is actually written by members of the gvt despite the fact that the Queen has the power and authority to dissolve her Government, it never happens. The decision to prorogue or dissolve the Parliament is determined by law (elections every 5 years) The Fix Term Parliament Act released in 2011 determines that a new Government has to be elected every ve year which shows that the Queen does not have a real power Judicial branch In theory, the Queen is supposed to appoint most of the judges BUT in reality... almost all judges are named by the Judicial Appointments Commission - JAC makes list of candidates - Gvt gets list and picks candidates - Monarch gets gvt's list and appoints CC° CC° → The Queen's main job is only symbolic. The monarch used to have a lot more power, but that's not the case anymore. Lost it.''The sovereign reigns but does not rule'' - represent the state but does not govern - That's why the monarchy is not really contested today. Brings money and a very sense of continuity. D) How did the Monarch come to lose its power ? It is a gradual historical process (monarchy strengthened its power during Renaissance), british history is made of con ict between the monarch and the parliament, centuries of con ict, crisis between both of them.  fl fl fi  1215 → First con ict, rebellion against King John (John Lackland) 1649 → King Charles I is executed for treason. The only king who has been beheaded. 1688 → Crown taken by a catholic, James the Second, and then given to William the Third. It’s the ''Glorious Revolution'' II. A short history of the monarchy Feudal System Pyramid of Power (photo). The King needed the support of the nobles, and couldn't really act alone. A) The Norman invasion in 1066 => King Harold (a saxon) defeated a Scandinavian invasion in the north, but however, he was defeated himself in the south at the Battle of Hasting by William The Conqueror (the duke of Normandy) with the help of noble families (bring money and soldiers), and William The Conqueror took control of most of England and Wales. Then, he became King of England, and the Normans started to invade England (the battle was followed by a Norman invasion). All of this was possible because of the feudal system. Noble families were rewarded with lands and King Wiliam was protected by noble families.    fl  The relations between a King and his nobles were not always easy if : if he asked them for too much money or military service if he con scated their lands or lost them in battle if he abused his royal power th At the beginning of the 13 century, King John did all of that and lost most of his french lands, abuse of his royal power, and got in trouble with the Church (he was excommunicated) The barons’ rebellion 1215 → nobles rebel against King John and make him sign a document. Defeat the King and force him to sign a document promising that he will never again abuse his royal power against them : this is the''Magna Carta'' THE MAGNA CARTA, 1215 Peace treaty between King – Barons – Church Fix limits on King's powers King must respect the freedom of the Church King cannot excessively tax feudal lords Kings cannot have a freeman detained arbitrarily (Habeas corpus) and must provide trial by jury (all individuals had the right to stand a fair trial and thanks to Magna Carta, they were protected from arbitral judgement). King must accept a council of 25 barons to ensure execution of Magna Carta provisions. The signi cance of Magna Carta Very signi cant symbolically in the long term :   fi fi fi  Main principles established : King's arbitrary power is limited RULE OF LAW (état de droit) The King is not above the law, he is subject to it it should be noted that MC had really little effects in the short term (but on the long term yes) and that MC only effective on free men. Necessity of a consultative body for the King of 25 barons desire to become parliament creation of universal fundamental rights freedom from detention jury trial B) The Tudors 13th, 14th, 15th -> unstable times for kings. Powerful noble families wanted the throne. 2 kings were overthrown, and then a civil war began between two rival factions. Noble rebels -> 2 families in competition to take the throne. - The house of York (emblem -> the white rose) - The house of Lancasters (emblem -> red rose) = civil war between 1455 and 1485 1485 -> end of the war of Roses and beginning of the Tudor Dynasty => Henry Tudors of Lancaster married Elisabeth of York and became Henry VII. Henry VII -> (1485-1509) ending the feudal system, broken cause the pyramide couldn’t stand anymore (the king didn’t depend on the nobles anymore) - he banned noble families from having private armies and developed royal army - Reduced royal spending (to be less dependant on taxes paid by the nobles) - Created a special court to try traitors. The consolidation of Royal Power by Henry VIII    - Henry VII was succeeded by his son, Henry VIII - Henry VIII of cialised the union between Wales and England through the Act of Union (1536) -that led to the creation of the UK- = bigger kingdom (divided Wales into 33 (...), applied English law and language in court and allowed walsh people to take part in english affairs) - He established the Privy Council = a bigger gvt (a cabinet style council to help him govern) - He placed himself at the head of the Church through the Act of Supremacy (1534). He effectively replaced the Pope and then declared himself Head of state and Head of the church => creation of the Church of England (aka the Anglican Church) - A bold move which had several causes The pope had no authority anymore -> consolidated his fuckin poweeeer Why such an abrupt break from Rome ? - First, was married to Catherine of Aragon but no male children (no male heir) - Then he had an affair with Anne Boleyn and Henry set upon divorcing his wife to marry his mistress for the child she was carrying, in order to be the legitimate heir to the throne. = rupture with Catholic Church : reformation => protestantism = makes the King free to remarry (1534 : act of Supremacy makes the king head of the anglican church) = makes the King more powerful : politically : only god is above him and nancially : he has con scated all the Catholic Church’s property and wealth Henry VIII’s Legacy more royal power and less national unity - division emerged between Protestants and Catholics fi   fi fi  - Divis° also emerged between radical and moderate Protestants (anglicans vs presbyterians) - eventually led to Civil War Henry VIII’s Successors When Henry VIII died, he left the country in a poor state, economically, politically, religiously. Edward VI (1547-53) - pursued the reform of the church - came on the throne at 9, he was a fragile kid, not very strong or even interested in politics. Edward grew up in a protestant environnement because his teacher was protestant, this explains why when he came to power, Edward imposed Protestantism as the new religion, a decision that led to multiple issues later because Edward’s sister were also divided religiously. Edward died at a very young age, when he was only 13. His sister, Mary took place on the throne. Mary Ist (1553-58) - re-established the Catholic Church - violent measures used (killed 300 Protestant -> burned them) ‘’Bloody Mary’’ Elisabeth Ist (1558-1603) - re-established the Anglican church (unlike her sister Mary) - period of relative religious stability (didn’t kill catholics, repressive measures) C) The Stuarts (1603-1714): the monarchy clashes with parliament (the end of the tudor Dynasty) 1603 ⇢ Elizabeth I dies (the Virgin Queen = no heir) ahah virgin ??? lmfao Queen succeeded by cousin James VI of Scotland - James I of England ⇢ Stuart dynasty ⇢ believed in the divine rights of the kings. His reign is marked with growing con icts with the Parliament. fl  The new king had a very clear idea of his role : a divinely-anointed king and an absolution vision of monarchy Parliament at the time ⇢ wanted more political powers (btw Parliament was composed of people becoming wealthier...) Didn’t want to be ignored by the king, a clash was then inevitable between the Parliament and the King. - King wanted more money - Parliament didn’t want to give much, but wanted more power, make decisions. The King disagreed. The king needed parliament approval to raise takes and impose new ones. He approved only in exchange for a bigger power in the gvt. - He wanted more protestant laws - He wanted more alliances with protestant countries. - Parliament wanted to limit the royal prerogative. Charles I and Parliament James I managed to avoid a direct con ict with Parliament His son charles I was not so successful Charles I wanted to rule without Parliament Parliament fought hard to resist this He accused nine Parliamentarians of treason (ouch) - Arrested them and prorogued (=suspended) Parliament - He ruled for 11 years on his own Prorogation ⇢ nal term for the end of a parliament session D) The English Civil War and the Commonwealth Step 1 - Because of the war against Scottish rebels in 1640, Charles I asked the Parliament for money. Step 2 - In 1641, Catholics rebelled in Ireland. Parliament then refuses to raise taxes unless Charles signs a bill forcing him to call Parliament regularly = King refuses, P in rebellion mode. King is afraid Pt will plot against him with the army. Parliament was afraid that Charles would use his army to dissolve P. fi fl  Part 3 - The path towards a civil war - P openly refuses to obey the King. King wants plotters arrested ⇢ enters P with soldiers ⇢ suspects have ed ⇢ no cooperat° from remaining members ⇢ King declares war on P = CIVIL WAR (1642-1651) Royalists vs Parliamentarians Parliament raised an army, led by Olivier Cromwell King captured 1649 : King’s trial by P ⇢ king executed for treason The commonwealth (1649) : England as a Republic Monarch replaced by a Council of State headed by Cromwell but divisions bt radicals (want more reforms) and conservatives (return to monarchy) Cromwell’s son unable to stay in power SOO : replaced by Charles II Monarchy restored (1660) E) The Restoration (1660-1689) and the Glorious Revolution Parliament invited Charles II to resume the throne (adieu l’égo du P) Parliament was now in a much stronger position than before the Civil War It was notably able to legislate with authority on religious matter e.g. : Favoured Anglicans and discriminating against non-Anglicans BUT... This created tension with Charles II. He was married to a catholic and wanted to relax anti-catholic laws. James II (1685-1688) - Charles II’s son Con ict over religious freedom - James II : suspended anti-catholic laws - Parliament opposed From bad to worse ⇢ James II converted to catholicism ➝ A catholic dynasty ? no ! - parliament contacted William of Orange (married to king’s daughter Mary) - offered him the throne  fl fl  ➝ James ed, so ➝ Willy on the throne The Glorious Revolution Parliament assembled A declaration of Rights was drawn up Condition : William and Mary had to rst agree to abide by this before being crowned Coronation in february 1689 The declaration of Rights became the Bill of Rights The Bill of Rights (1689) Parliament’s grievances (=doléances) with King James II Rights which the crown cannot violate - Parliament must give its consent to any change in the law proposed by the monarch - only parliament can raise taxes - members of parliament (MPs) cannot be prosecuted for what they say in Parliament - No excessive punishments can be imposed - Parliament must be held regularly and by free election The Signi cance of the Bill of Rights, the Fundamental constitutional text : Notion of Parliamentary sovereignty. The law made by Parliament can only be invalidated by it. The Monarch, the Government and the courts are all subjects to Parliament’s laws. - the law made by Parliament can only be invalidated by Parliament - the monarch, the government and the courts subject to Parliament’s laws. The signi cance of the Bill of Rights Inspired other constitutions : - heads of state must be subject to the law - citizens have rights which cannot be taken away. if rights are denied, they can/must     fl fi fi fi   rebel against the head of state and replace him. Bill of Rights inspired other texts all around the world such as the Constitution of USA (cf. Amendment 8th): Heads of state are under the law, citizens have fundamental rights and if these rights are denied, citizens can/must rebel against the head of state. Act of Settlement (1701) Concerns the rules of succession : sStates that the sovereign cannot be a catholic and that illegitimate or adopted persons (bastards) cannot succeed to the throne either 2013 : an heir can now marry a catholic F) The Transformation of the Monarchy King George I (frome Hanover dynasty) was bad-speaking English and not interested in governing left the work to a group of ministers headed by the Prime Minister (at the time wasn’t the King’s pick but only the leader of the majority) After Georges I’s reign, the Monarch lost the executive power. A ceremonial Monarchy From Queen Victoria (1837-1901) to know : - a way of rallying the people and glorifying the nation - the monarch = a consensual non-political gure CONCLUSION Monarchy has no real power today : he lost the political battle against Pt Pt sovereign = only symbolic role : parliament decides how the country is governed cornerstone of the British constitution  fi   Parliamentary sovereignty means that : - no law passed by Parliament can be disapplied in the courts (unless it violates another Act of Parliament) Parliament can make and unmake laws as it likes PS : What is the British Constitution ? no single document called the Constitution the British C° drawn from several different sources (statute law, customs...) It is : - uncodi ed - exible - subordinate to the legislature Very different from the American Constitution End of Lecture 1 The Monarchy Semestre 1: British Institutions How is political power organized? Historical reasons? What do you already know? - Main di erence (s) between the British and American political system ? the British system is a monarchy: king us: is a republic: president What do you already know ? The king Charle and the queen camellia ( don’t have any pouvoir ) The king is the head of State the parlement ( is the supreme ), the house of commons, the house of lords The Prime Minister Part 1: British Institutions - lecture 1: the monarchy - Lecture 2: parliament fl ff fi  - Lecture 3: the executive - Lecture 4: the judiciary - Lecture 5: devolution: A United Kingdom - Lecture 6: Brexit: the UK and Europe Lecture 1: the Monarchy - the UK’s system of government = a hereditary monarchy - Several laws determine the rules - Must be protestant - Order of succession : 1- descent 2 - gender - … until the succession to the Crown Act 2013 - ended the system of male primogeniture - will apply to the royals born after 2011 - What happens when the monarch dies ? 1- The heir apparent automatically becomes queen/king 2- they are o cially proclaimed king/queen 3- they are coronated Question: will the change of monarch change anything in how the UK is governed ? - The UK’s system of government = a constitutional monarchy. - De nition: A system of government in which the head of state is a monarch whose power is shared with a constitutionally-organized government - di erent from a republic head of state = a president I- the role of the sovereign now - what role does the Sovereign play in the british political system? - a very important symbolic one e in the three branches of government. - the government - in the legislative branch - parlement - the court and judges a) the sovereign and the executive branch - the government is known as his majesty’s government - The sovereign appoints the prime minister and the cabinet - The sovereign is head of armed - The sovereign can also use royal prerogatives - the special rights of a king or queen - allow the sovereign to make certain decisions without approval by parliament b) the sovereign and the legislative branch - the king in parliament - The sovereign needs to approve of a bill with passes through parliament before it becomes law. = royal assent - all laws are made in the name of the sovereign - The sovereign opens and prorogues ( suspendu ) every parliamentary session ( every year ) - During the State opening of Parliament: the Sovereign reads a speech explaining what laws there government plans to enact in the coming year. ff fi ffi - = the king/ queen’s speech ( May 2022: prince of Wales…) c) The sovereign and theJudicial Branch - The sovereign is considered to be the Fount of justice - The most important judges are appointed by the Sovereign - The courts are run in the name of the sovereign - her/his Majesty’s court and tribunal service - Criminal cases are initiated by the Crown Prosecution Service - On behalf of the crown - R v Smith ( = Regina/ Rex v Smith ) ( exemple: Régina contre Smith ) d) How much real power does the Monarch have? - very little - In the executive: - Remember: He appoints the Prime Minister and the Cabinet - But in reality… - The prime Minister is the leader of the majority party in the House of Commons. - The Prime Minister tells the Sovereign who to appoint as minister. - The sovereign has Royal Prerogatives - But in reality… - The Royal Prerogative powers are almost all exercised on the advice of the Government - head of the armed forces - But in reality… - Any important decision about the army: made by the Government - In the legislative branch: - The monarch must give Royal Assent - But… - Royal Assent = a formality - The Sovereign always assents. - The queen/King’s Speech - … is actually written by the Government - The decision to prorogue or to dissolve Parliament - … is determined by law. - Ex. Elections every 5 years - In the judicial branch: - He appoints judges - but… - Almost all judges are chosen by a judicial Appointments Commissions. Conclusion: - The législatives, exécutive and judicial power previously held by the Crown has greatly diminished - right to be informed, to advise and to warn - … but not to make decisions. - It now plays a symbolic role in these institutions. - traces of the past when it held real power - Maxim: « the Sovereign reigns but does not rule » - Elizabeth II - Sense of duty - Never expressed any opinion - Reserve How, then did the Monarchs come to lose their power ? - A gradual historical process.  - A rise and fall - Short summary: - The monarchy strengthened its power during the renaissance - The brought the monarchy into con it with Parliament - Parliament won. - History of British institutions: centuries of con ict between the monarch and parliament. II- The King and the feudal system Let’s start with the Norman invasion in 1066 - Led by William the Conqueror - Defeated King Harold at the Battle of Hastings - Took control of most of England and Wales - Governed using a feudal system - Nobel families who helped William win the throne were rewarded with lands - In return they helped to maintain William on the throne Abuse of Royal Power - the relations between a King and his nobles were not always easy if he… - asked them for too much money or military service` - con scated their land - lost their lad in battle - abused his royal power - 13th century: King John did all of these things The Barons’ Rebellion - The main noble families rebelled against John in 1215 - They forced him to promise that he would no longer abuse his royal power - They wrote these promises down and made him sign them - The Magna Carta - A very signi cant document in English constitutional history The Magna Carta- Main aspects - A peace treaty between the king, the barons and the church. - The king agreed to limit his royal power. He would: - not require high taxes to be paid by his feudal lords. - not detain a freeman arbitrarily ( = habeas corpus, freedom from arbitrary detention) - ensure trial by jury - accept a council 25 barons to ensure that he Magna Carta was observed. Signi cance of Magna Carta -Very signi cant symbolically in the long term. - It established certain principales: 1- the limitation of the king’s arbitrary power - The beginning go the rule of law ( état de droit ) - The king is not above the law - He is subject to it 2- The necessity of a consultive body for the king - The seeds of parliament - « parliament »: word rst used in the 13th century 3- Certain rights Legacy of the Magna Carta ( we the people; the universal declaration of human rights … ) fi fi fi fi fl fi fl  13th, 14th and the 15th centuries - unstable times for kings - Con ict with noble families - Two kings were deposed by nobles - Powerful noble families battled for the throne - Culminated in the War of the Roses ( 1455 - 1487 ) - A civil war between two rial families competing for the throne The tudors: rise to Power - At te end: henry Tudor became king Henry VII - He began the Tudor Dynasty III - The tudors: the consolidation of total power - 1485-1603 - The Tudor’s Consolidation of Royal Power - Henry VII - Henry VII banned noble families from maintaining standing armies - end of the feudal period - The Tudor’s Consolidation of Royal Power- Henry VIII _ Henry VIII increased his political power - o cials THE UNION BETWEEN Wales and England throughout the Act of Union ( 1536 ) - before Henry VIII: England: part of the Roman Catholic Church - Head of the Church: the pope ( in Rome ) - Henry VIII reformed the Church - SErval causes Why did Hery VIII take over the Church? - Married to Catherine of Aragon - No mal heir - Fell in love with Anne Boleyn - Anne became pregnant -> needed to merry her so that their child could be made legitimate - To legalise their union, he needed to annul his marriage to Catherine ( annuler et divorcer est di erent, ici on parle d’annuler le mariage car Catherine a déjà était mariée a au frère de Henry VIII ) - Asked the pope for a divorce - the pope refused Henry’s takeover of the church. - So henry created a new church: the Anglican Church - He placed himself at the head of The Church -> 1534 Act of Supremacy Why did Henry VIII place himself at the head of the Church? - Other reasons: - The Church: also a source of enormous wealth - The Protestant Réformation was already sweeping Europe. -> the conditions were ripe for henry’s move. The Rise of Protestantism in Europe - Led by Marin Luther - Challenged the position of the Roman Catholic Church - Proposed reforms - Ex: Introduction of national Languages as the language of the church, rather than Latin -Direct, » personal » relationship with God through the Bible -> more importance placed on the individual ff fl ffi -… and less importance given to hierarchical structures. - The Catholic Church meant hierarchy and authoritarianism, which they mistrusted. _ Later, these values played an important role in undermining royal power. Henry VIII’s Legacy - More royal power - Less national unity: - from then on, religion became a divisive issue - The Anglican Church = a protestant Church. - But moderate Protestantism. - Still kept a lot of Catholic doctrine - Ex: Church hierarchy ( bishops ) - Division emerged between - Protestants and Catholics - moderate Protestants ( Anglicans ) and radical Protestants ( ex: Puritans) -> periods of religious intolerance and persecution Ex: Bloody Mary - Mary I ( 1553 - 15558 ) - re-established the Catholic Church - violent measures used ( killed Protestants ) - ELISABETH I ( 1558 - 1603 ) - re-established Anglicanism The End Of Tudor Dynasty - Elizabeth died in 1603 without leaving an heir - She was succeeded by her cousin James VI Scotland - he became James I of England - began the Stuart dynasty IV. The Stuarts: the clash with Parliament - 1603-1714 A) An absolutist vision - James I and Charles I’s ideas about royal Power: - Believed in the divine tights of Kings - ignored Parliament - =/ Parlement: in uenced by Protestant ideas of challenging absolute authority - idea of a social contract - King -> more taxes - Parliment -> bigger role in government, limitation of royal prerogatives -> Clash b) Charles I and the English Civil Wars - Charles I - 1629: suspended Parliament and ruled for 11 years on his own -> The 11 Years’ Tyranny - Untel…. 1640 - Charles needs Parliament again - a war broke put with Scottish Presbyterians who rebelled against Anglicanism - Charles needed money to fund it - => needed Parliament fl -> after 11 years of tyrannical rule, the balance of power shifted. The Outbreak of the English Civil War - He summoned Parliament again. - However… Parliament did’t want to be only an instrument to raise taxes. - Passed an act to curb the king’s power -> Charles declared war on Parliaments The English Civil Wars 1642-1651 - Royalists v. Parliamentarians - Parliament raised an army, led by Oliver Cromwell - The Kings was captured. - 1649: Parliament organized the King’s trial - They vites to execute the King for treason. V- The Commonwealth and the Restoration A) The Commonwealth: England as a Republic - Short-lived: 1649 - 1660 - The Monarch was replaced by a Council of State - Headed by Cromwell -> Monarchy soon restored B) The restoration of the Monarchy and the religious question - The restoration ( 1660-1689) - … But parliament was now in a much stronger position than before the civil War - passed laws imposing anglicanism and restricting religious freedom Parliament Revolts Against the king - 1685: King James II: had converted to Catholicism - A lot of opposition from Parliament - King tried to suspend laws restricting religious freedom - Parliament decided to act. - contacted William of Orange - invited William and Mary ( James II’s daughter) to take over throne -> James II ed the country - The king was replaced without blood being shed VI- The Glorious Revolution: the limitation of the monarch’s power A) William and Mary -William and Mary were crowned in 1689 - Condition ( set by Parliament ): they agreed to ab ice by bill of Rights B) The Bill of Rights 1- Outlined Parliament’s grievances with King James II - Mainly: Suspending laws without the consent of Parliament 2- Declared rights witch the crown cannot violate: - Parliament must give its consent to any change in the law proposed by the monarch. - Only Parliament can raise taxes - Parliament must be held regularly and by free election. fl  - Member of Parliament cannot be prosecuted for what they say in Parliament The Signi cance of the bill of Rights -A fundamental constitutional text - It established the notion of Parliamentary sovereignty - The law made by Parliament can only be invalided by Parliament - The monarch, the government and the courts are subject to Parliament’s laws. - It also inspired the American declaration of Independence and other constitutions. - Heads of state must be subject to the law -Citizens have certain rights which cannot be taken away. - : unalienable - If these rights are denied, they can rebel against the head of state and replace him. Avoiding Future Turmoil- the Succession Question - William and Mary -> Queen Anne, who had no heir - Parliament decided two settle the question of succession once and for all: - Passed the Act of Settlement 1701 - Took the question of royal succession out of the hands of monarchs. - = example of supremacy of Parliament - Act of settlement ( 1701 °: - Named the Hanovers ( Protestants ) as the heirs to the throne. - Any heir who became a catholic or married a catholic was disquali ed. - Since the Succession to the Crown Act ( 2013 °: an heir can marry a Catholic VII- Towards a ceremonial monarchy: from the 18th century to the present The Transformation of the Monarchy - King George succeeded Queen Anne ( 1714 ) - spoke little English - not interested in governing - He left the work to a group of ministers - Headed by the Prime Minister -> Emergence of a new role A Ceremonial Monarchy - 19th century: Queen Victoria - 1837 - 1901 - The pageant associated with the monarchy became more important. - A way of rallying the people and glorifying the nation - The monarch became a consensual non - political gure Crises - The monarchy was not immune from crisis ( 20th century ) - Windsor dynasty - Ex. Abdication crisis ( 1936 ) - King Edward VIII wanted to marry Wallis Simpson ( an American divorcee ) - Problem: as the Head of the Church of England, he could not fi fi fi  -> Forced to abdicate by the PM. « the monarch reigns but does not rule » - The monarch acts on the advice and consent of the gouvernement. - Ex. Death of Princess Diana ( 1997 ) - Ex. 2020: Harry and Meghan announced they would step down as senior royals Controlling their image Opposition to the monarchy? - Archaic ? Costly ? - No alternative has aver really gathered enough political support. - Now: opinion polls show that most people support the monarchy. Conclusion: - The crown today exercices no real power. - It lost the political battle with Parliament - Parliament is now sovereign - Parliament sovereignty: no legal restraint on Parliament’s power. - No law passed by Parliament can be misapplied in the courts - Parliament can make and unmake ( = repeal ) laws as it likes - ex: the European Union withdrawal Act ( 2018 ) to repeal the European Communites Act ( 1972 ). - = The cornerstone of British Constitution PS: What is the British Constitution ? - No single document called the Constitution. - It is drawn from several di erent sources - statue law - case law - royal prerogatives - conventions ( tradition, coutume ) - international sources - Therefore it is: - Uncodi ed - exible - partly unenforceable in court - ex: conventions - Subordinate to the legislature fl fi ff