UK Constitutional Law Association

Until 2022, calling for the abolition of the monarchy may still have been a form of treason in the United Kingdom, but it did not seem to be more generally criminalised. According to the statute books, the Treason Acts remained in force, but they were specialised tools and provided for a limited range of crimes. Section 3 of the Treason Felony Act 1848, for instance, criminalised compassing, imagining, inventing, devising or intending to depose the monarch from the style, honour or royal name of the imperial crown. In practice, such legislation had rarely been used. Even vociferous criticism of the monarchy had not led to such charges or prosecutions. While it technically remained ‘treason’ to call for the abolition of the monarchy, the criminal law had fallen away in reality. Addressing the question of the lawfulness of the Treason Felony Act 1848 and its compatibility with the protections given effect…
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