There is a very good article in the most recent edition of the Law Quarterly Review. It is by Rodney Brazier, and is concerned with the nature and mechanics of royal assent. It is a fascinating read, and, as with all Brazier’s work, characterised by a dry wit. There is, however, one claim, made almost in passing, that I think is mistaken. Brazier addresses the question of when, if ever, a monarch could properly refuse to give assent to legislation. He rightly concludes that it is almost impossible to imagine situations in which assent should be refused, but leaves open the possibility that it might be appropriate for the Monarch to refuse assent if advised to do so by her Ministers. In suggesting that royal assent could be refused on ministerial advice Brazier is not alone. The assertion has also been made by Geoffrey Marshall in Constitutional Conventions…
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