UK Constitutional Law Association
Writing about the “work” of the Queen in 1958, the journalist and Herald Dermot Morrah claimed there had been “scarcely any allusion” in her coronation ceremony to the fact that Elizabeth II “was Queen of seven distinct and sovereign realms”. Indeed, added Morrah, “she was crowned not even as Queen of the United Kingdom, but of England alone”.
This was a peculiarly Anglo-centric take, particularly so coming from the pen of a Herald, usually such sticklers for detail. At first glance, the coronation of a British monarch is indeed a very English affair. It takes place at the Abbey Church of Westminster and the service is given by the Archbishop of Canterbury.
Yet a closer examination of coronations between 1714 and 1953 reveals them to be constitutional mirrors in which were reflected changes to the territorial constitution. And by highlighting these reflections, one can draw some preliminary observations as to…
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The office of Prime Minister is a creature entirely of constitutional convention. While legislation references the office itself, setting out pay for example, this is only statutory recognition of the existence of an office which arises purely by virtue of convention. It is by convention that the Monarch appoints as Prime Minister someone who is capable of commanding the confidence of the House of Commons and it is by convention that he exercises certain prerogative powers only on the advice of the Prime Minister (or another minister in his government). The mechanism for choosing a Prime Minister is, however, not entirely covered by convention. While they must command the confidence of a majority of MPs in the Commons, it is not necessary that they be chosen directly by the Commons. This is because of the party system and the presumption that the leader of a given party has the confidence…
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