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Constitutional monarchy

(Redirected from Constitutional monarch)
"Ceremonial monarchy" redirects here. For other uses, see crowned republic.

Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions.[1][2][3] Constitutional monarchies differ from absolute monarchies (in which a monarch is the only decision-maker) in that they are bound to exercise powers and authorities within limits prescribed by an established legal framework.

Constitutional monarchies range from countries such as Liechtenstein, Monaco, Morocco, Jordan, Kuwait, Bahrain and Bhutan, where the constitution grants substantial discretionary powers to the sovereign, to countries such as the United Kingdom and other Commonwealth realms, the Netherlands, Spain, Belgium, Denmark, Norway, Sweden, Lesotho, Malaysia, Thailand, Cambodia, and Japan, where the monarch retains significantly less, if any, personal discretion in the exercise of their authority. On the surface level, this distinction may be hard to establish, with numerous liberal democracies restraining monarchic power in practice rather than written law, e.g., the constitution of the United Kingdom, which affords the monarch substantial, if limited, legislative and executive powers.

World's states coloured by systems of government:
Parliamentary systems: Head of government is elected or nominated by and accountable to the legislature
  Constitutional monarchy with a ceremonial monarch
  Parliamentary republic with a ceremonial president
  Parliamentary republic with an executive president
Presidential system: Head of government (president) is popularly elected and independent of the legislature
  Presidential republic
Hybrid systems:
  Semi-presidential republic: Executive president is independent of the legislature; head of government is appointed by the president and is accountable to the legislature
  Assembly-independent republic: Head of government (president or directory) is elected by the legislature, but is not accountable to it
Other systems:
  Theocratic republic: Supreme Leader holds significant executive and legislative power
  Semi-constitutional monarchy: Monarch holds significant executive or legislative power
  Absolute monarchy: Monarch has unlimited power
  One-party state: Power is constitutionally linked to a single political party
  Military junta: Committee of military leaders controls the government; constitutional provisions are suspended
  Provisional government: No constitutionally defined basis to current regime
  Dependent territories or places without governments
Note: this chart represents the de jure systems of government, not the de facto degree of democracy.
The three constitutional monarchs of the Scandinavian kingdoms of Sweden, Norway and Denmark gathered in November 1917 in Oslo.
From left to right: Gustaf V, Haakon VII and Christian X.

Constitutional monarchy may refer to a system in which the monarch acts as a non-party political ceremonial head of state under the constitution, whether codified or uncodified.[4] While most monarchs may hold formal authority and the government may legally operate in the monarch's name, in the form typical in Europe the monarch no longer personally sets public policy or chooses political leaders. Political scientist Vernon Bogdanor, paraphrasing Thomas Macaulay, has defined a constitutional monarch as "A sovereign who reigns but does not rule".[5]

In addition to acting as a visible symbol of national unity, a constitutional monarch may hold formal powers such as dissolving parliament or giving royal assent to legislation. However, such powers generally may only be exercised strictly in accordance with either written constitutional principles or unwritten constitutional conventions, rather than any personal political preferences of the sovereign. In The English Constitution, British political theorist Walter Bagehot identified three main political rights which a constitutional monarch may freely exercise: the right to be consulted, the right to encourage, and the right to warn. Many constitutional monarchies still retain significant authorities or political influence, however, such as through certain reserve powers, and may also play an important political role.

The Commonwealth realms share the same person as hereditary monarchy under the Westminster system of constitutional governance. Two constitutional monarchies – Malaysia and Cambodia – are elective monarchies, in which the ruler is periodically selected by a small electoral college.

The concept of semi-constitutional monarch identifies constitutional monarchies where the monarch retains substantial powers, on a par with a president in a presidential or semi-presidential system.[6] As a result, constitutional monarchies where the monarch has a largely ceremonial role may also be referred to as "parliamentary monarchies" to differentiate them from semi-constitutional monarchies.[7] Strongly limited constitutional monarchies, such as those of the United Kingdom and Australia, have been referred to as crowned republics by writers H. G. Wells and Glenn Patmore.[8][9]

History

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The oldest constitutional monarchy dating back to ancient times was that of the Hittites. They were an ancient Anatolian people that lived during the Bronze Age whose king had to share his authority with an assembly, called the Panku, which was the equivalent to a modern-day deliberative assembly or a legislature. Members of the Panku came from scattered noble families who worked as representatives of their subjects in an adjutant or subaltern federal-type landscape.[10][better source needed][11]

According to Herodotus, Demonax created a constitutional monarchy for King Battus III the Lame, of Cyrene, when Cyrenaica had become an unstable state, in about 548 BC.[12]

Constitutional and absolute monarchy

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England, Scotland and the United Kingdom

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In the Kingdom of England, the Glorious Revolution of 1688 furthered the constitutional monarchy, restricted by laws such as the Bill of Rights 1689 and the Act of Settlement 1701, although the first form of constitution was enacted with Magna Carta of 1215. At the same time, in Scotland, the Convention of Estates enacted the Claim of Right Act 1689, which placed similar limits on the Scottish monarchy.

Queen Anne was the last monarch to veto an Act of Parliament when, on 11 March 1708, she blocked the Scottish Militia Bill. However Hanoverian monarchs continued to selectively dictate government policies. For instance King George III constantly blocked Catholic Emancipation, eventually precipitating the resignation of William Pitt the Younger as prime minister in 1801.[13] The sovereign's influence on the choice of prime minister gradually declined over this period. King William IV was the last monarch to dismiss a prime minister, when in 1834 he removed Lord Melbourne as a result of Melbourne's choice of Lord John Russell as Leader of the House of Commons.[14][15] Queen Victoria was the last monarch to exercise real personal power, but this diminished over the course of her reign. In 1839, she became the last sovereign to keep a prime minister in power against the will of Parliament when the Bedchamber crisis resulted in the retention of Lord Melbourne's administration.[16] By the end of her reign, however, she could do nothing to block the unacceptable (to her) premierships of William Gladstone, although she still exercised power in appointments to the Cabinet. For example, in 1886 she vetoed Gladstone's choice of Hugh Childers as War Secretary in favour of Sir Henry Campbell-Bannerman.[17]

Today, the role of the British monarch is by convention effectively ceremonial.[18] The British Parliament and the Government – chiefly in the office of Prime Minister of the United Kingdom – exercise their powers under "royal (or Crown) prerogative": on behalf of the monarch and through powers still formally possessed by the monarch.[19][20]

No person may accept significant public office without swearing an oath of allegiance to the King.[21] With few exceptions, the monarch is bound by constitutional convention to act on the advice of the government.

Continental Europe

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Poland developed the first constitution for a monarchy in continental Europe, with the Constitution of 3 May 1791; it was the second single-document constitution in the world just after the first republican Constitution of the United States. Constitutional monarchy also occurred briefly in the early years of the French Revolution, but much more widely afterwards. Napoleon Bonaparte is considered the first monarch proclaiming himself as an embodiment of the nation, rather than as a divinely appointed ruler; this interpretation of monarchy is germane to continental constitutional monarchies. German philosopher Georg Wilhelm Friedrich Hegel, in his work Elements of the Philosophy of Right (1820), gave the concept a philosophical justification that concurred with evolving contemporary political theory and the Protestant Christian view of natural law.[22] Hegel's forecast of a constitutional monarch with very limited powers whose function is to embody the national character and provide constitutional continuity in times of emergency was reflected in the development of constitutional monarchies in Europe and Japan.[22]

Executive monarchy versus ceremonial monarchy

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There exist at least two different types of constitutional monarchies in the modern world – executive and ceremonial.[23] In executive monarchies (also called semi-constitutional monarchies), the monarch wields significant (though not absolute) power. The monarchy under this system of government is a powerful political (and social) institution. By contrast, in ceremonial monarchies, the monarch holds little or no actual power or direct political influence, though they frequently still have a great deal of social and cultural influence.

Ceremonial and executive monarchy should not be confused with democratic and non-democratic monarchical systems. For example, in Liechtenstein and Monaco, the ruling monarchs wield significant executive power. However, while they are theoretically very powerful within their small states, they are not absolute monarchs and have very limited de facto power compared to the Islamic monarchs, which is why their countries are generally considered to be liberal democracies and not undemocratic.[23] For instance, when Hereditary Prince Alois of Liechtenstein threatened to veto a possible approval of a referendum to legalize abortion in 2011, it came as a surprise because the prince had not vetoed any law for over 30 years[24] (in the end, this was moot, as the proposal was not approved).

Modern constitutional monarchy

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As originally conceived, a constitutional monarch was head of the executive branch and quite a powerful figure even though their power was limited by the constitution and the elected parliament. Some of the framers of the U.S. Constitution may have envisioned the president as an elected constitutional monarch, as the term was then understood, following Montesquieu's account of the separation of powers.[25]

The present-day concept of a constitutional monarchy developed in the United Kingdom, where they democratically elected parliaments, and their leader, the prime minister, exercise power, with the monarchs having ceded power and remaining as a titular position. In many cases the monarchs, while still at the very top of the political and social hierarchy, were given the status of "servants of the people" to reflect the new, egalitarian position. In the course of France's July Monarchy, Louis-Philippe I was styled "King of the French" rather than "King of France".

Following the unification of Germany, Otto von Bismarck rejected the British model. In the constitutional monarchy established under the Constitution of the German Empire which Bismarck inspired, the Kaiser retained considerable actual executive power, while the Imperial Chancellor needed no parliamentary vote of confidence and ruled solely by the imperial mandate. However, this model of constitutional monarchy was discredited and abolished following Germany's defeat in the First World War. Later, Fascist Italy could also be considered a constitutional monarchy, in that there was a king as the titular head of state while actual power was held by Benito Mussolini under a constitution. This eventually discredited the Italian monarchy and led to its abolition in 1946. After the Second World War, surviving European monarchies almost invariably adopted some variant of the constitutional monarchy model originally developed in Britain.

Nowadays a parliamentary democracy that is a constitutional monarchy is considered to differ from one that is a republic only in detail rather than in substance. In both cases, the titular head of state – monarch or president – serves the traditional role of embodying and representing the nation, while the government is carried on by a cabinet composed predominantly of elected Members of Parliament.

However, three important factors distinguish monarchies such as the United Kingdom from systems where greater power might otherwise rest with Parliament. These are:

  • The royal prerogative, under which the monarch may exercise power under certain very limited circumstances
  • Sovereign immunity, under which the monarch may do no wrong under the law because the responsible government is instead deemed accountable
  • The immunity of the monarch from some taxation or restrictions on property use

Other privileges may be nominal or ceremonial (e.g., where the executive, judiciary, police or armed forces act on the authority of or owe allegiance to the Crown).

Today slightly more than a quarter of constitutional monarchies are Western European countries, including the United Kingdom, Spain, the Netherlands, Belgium, Norway, Denmark, Luxembourg, Monaco, Liechtenstein and Sweden. However, the two most populous constitutional monarchies in the world are in Asia: Japan and Thailand. In these countries, the prime minister holds the day-to-day powers of governance, while the monarch retains residual (but not always insignificant) powers. The powers of the monarch differ between countries. In Denmark and in Belgium, for example, the monarch formally appoints a representative to preside over the creation of a coalition government following a parliamentary election, while in Norway the King chairs special meetings of the cabinet.

In nearly all cases, the monarch is still the nominal chief executive, but is bound by convention to act on the advice of the Cabinet. However, a few monarchies (most notably Japan and Sweden) have amended their constitutions so that the monarch is no longer the nominal chief executive.

There are fifteen constitutional monarchies under King Charles III, which are known as Commonwealth realms.[26] Unlike some of their continental European counterparts, the Monarch and his Governors-General in the Commonwealth realms hold significant "reserve" or "prerogative" powers, to be wielded in times of extreme emergency or constitutional crises, usually to uphold parliamentary government. For example, during the 1975 Australian constitutional crisis, the Governor-General dismissed the Australian Prime Minister Gough Whitlam. The Australian Senate had threatened to block the Government's budget by refusing to pass the necessary appropriation bills. On 11 November 1975, Whitlam intended to call a half-Senate election to try to break the deadlock. When he sought the Governor-General's approval of the election, the Governor-General instead dismissed him as Prime Minister. Shortly after that, he installed leader of the opposition Malcolm Fraser in his place. Acting quickly before all parliamentarians became aware of the government change, Fraser and his allies secured passage of the appropriation bills, and the Governor-General dissolved Parliament for a double dissolution election. Fraser and his government were returned with a massive majority. This led to much speculation among Whitlam's supporters as to whether this use of the Governor-General's reserve powers was appropriate, and whether Australia should become a republic. Among supporters of constitutional monarchy, however, the event confirmed the monarchy's value as a source of checks and balances against elected politicians who might seek powers in excess of those conferred by the constitution, and ultimately as a safeguard against dictatorship.

In Thailand's constitutional monarchy, the monarch is recognized as the Head of State, Head of the Armed Forces, Upholder of the Buddhist Religion, and Defender of the Faith. The immediate former King, Bhumibol Adulyadej, was the longest-reigning monarch in the world and in all of Thailand's history, before passing away on 13 October 2016.[27] Bhumibol reigned through several political changes in the Thai government. He played an influential role in each incident, often acting as mediator between disputing political opponents. (See Bhumibol's role in Thai Politics.) Among the powers retained by the Thai monarch under the constitution, lèse majesté protects the image of the monarch and enables him to play a role in politics. It carries strict criminal penalties for violators. Generally, the Thai people were reverent of Bhumibol. Much of his social influence arose from this reverence and from the socioeconomic improvement efforts undertaken by the royal family.

In the United Kingdom, a frequent debate centres on when it is appropriate for a British monarch to act. When a monarch does act, political controversy can often ensue, partially because the neutrality of the crown is seen to be compromised in favour of a partisan goal, while some political scientists champion the idea of an "interventionist monarch" as a check against possible illegal action by politicians. For instance, the monarch of the United Kingdom can theoretically exercise an absolute veto over legislation by withholding royal assent. However, no monarch has done so since 1708, and it is widely believed that this and many of the monarch's other political powers are lapsed powers.

List of current constitutional monarchies

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For a more comprehensive list, see List of current monarchies.

There are currently 43 monarchies worldwide.

Ceremonial constitutional monarchies

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  1. ^ a b c d e f g h i j k l m n o Commonwealth realms, which share the same person as their monarch.
  2. ^ Indonesia, as a presidential republic, has a special region with a monarch as its head.
  3. ^ South Africa, as a parliamentary republic with an executive president, has a province with a monarch as its ceremonial head.

Executive constitutional monarchies

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  1. ^ In the case of the United Arab Emirates, the president functions as the head of state of a federation of seven absolute monarchies, and is de jure elected by the Supreme Council; the prime minister is de jure appointed and is the head of government. The president and prime minister are de facto the rulers of the absolute monarchies of Abu Dhabi and Dubai, respectively.

Former constitutional monarchies

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Other variants of constitutional monarchies

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See also

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References

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Citations

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  1. ^ Blum, Cameron & Barnes 1970, pp. 2Nnk67–268.
  2. ^ Tridimas, George (2021). "Constitutional monarchy as power sharing". Constitutional Political Economy. 32 (4): 431–461. doi:10.1007/s10602-021-09336-8.
  3. ^ Stepan, Alfred; Linz, Juan J.; Minoves, Juli F. (2014). "Democratic Parliamentary Monarchies". Journal of Democracy. 25 (2): 35–36. doi:10.1353/jod.2014.0032. ISSN 1086-3214. S2CID 154555066.
  4. ^ Kurian 2011, p. [page needed].
  5. ^ Bogdanor 1996, pp. 407–422.
  6. ^ Anckar, Carsten; Akademi, Åbo (2016). "Semi presidential systems and semi constitutional monarchies: A historical assessment of executive power-sharing". European Consortium for Political Research (ECPR). Archived from the original on 14 December 2019. Retrieved 14 August 2019.
  7. ^ Grote, Rainer (2016). "Parliamentary Monarchy". Oxford Constitutional Law. Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL). doi:10.1093/law:mpeccol/e408.013.408. Retrieved 17 August 2019.
  8. ^ "64. The British Empire in 1914. Wells, H.G. 1922. A Short History of the World". bartleby.com. Retrieved 27 April 2021.
  9. ^ Patmore, Glenn (2009). Choosing the Republic. Sydney, NSW: UNSW Press. p. 105. ISBN 978-1-74223-200-3. OCLC 635291529.
  10. ^ "The Hittites", smie.co, 12 September 2008, archived from the original on 20 October 2017, retrieved 21 November 2015
  11. ^ Akurgal 2001, p. 118.
  12. ^ Herodotus (1997). The histories (PDF). Translated by George Rawlinson. Penguin Random House. p. 304.
  13. ^ Hague, William (2004). William Pitt the Younger (1st ed.). London: HarperCollins. pp. 469–472. ISBN 0007147198.
  14. ^ Hurd, Douglas (2007). Robert Peel – a biography (1st ed.). London: Weidenfeld & Nicolson. pp. 169–170. ISBN 978-0297848448.
  15. ^ Mitchell, L.G. (1997). Lord Melbourne 1779–1848. New York: Oxford University Press. p. 147. ISBN 0198205929.
  16. ^ Mitchell, L.G. (1997). Lord Melbourne 1779–1848. New York: Oxford University Press. pp. 241–242. ISBN 0198205929.
  17. ^ Wilson, John (1973). CB - A life of Sir Henry Campbell-Bannerman. London: Constable and Company Limited. pp. 161–162. ISBN 009458950X.
  18. ^ "Parliament and Crown". UK Parliament. Retrieved 22 February 2024.
  19. ^ Dunt 2015.
  20. ^ Parliamentary staff 2010.
  21. ^ Sear 2001, p. 3.
  22. ^ a b Hegel 1991, p. [page needed].
  23. ^ a b Ginsburg, Tom and Rodriguez, Daniel B. and Weingast, Barry R., The Functions of Constitutional Monarchy: Why Kings and Queens Survive in a World of Republics (May 21, 2023). Northwestern Public Law Research Paper No. 23-29, U of Chicago, Public Law Working Paper No. 831, Available at SSRN: https://ssrn.com/abstract=4454620 or http://dx.doi.org/10.2139/ssrn.4454620
  24. ^ "Liechtenstein prince threatens to veto referendum". San Diego Union-Tribune. 8 September 2011. Retrieved 12 September 2024.
  25. ^ Montesquieu 1924, p. [page needed].
  26. ^ Royal Household staff 2015b.
  27. ^ Dewan, Angela (13 October 2016). "Thai King Bhumibol Adulyadej dies at 88". CNN Regions+. Retrieved 13 October 2016.
  28. ^ KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (PDF) (Act). KwaZulu-Natal Legislature. 2005. Section 17. Retrieved 14 November 2024.
  29. ^ Davies 1996, p. 699.
  30. ^ "The Imperial Institution – The Imperial Household Agency". kunaicho.go.jp.

Sources

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Further reading

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