San Lumen wrote:The Archregimancy wrote:
People outside the UK often misunderstand royal assent. This is not some reserve power of the monarchy that vests residual power in the monarch; instead it's a functionally ceremonial process.
Constitutionally, the Queen can only act on the advice of her ministers. Therefore she can only refuse assent if her ministers advise her to do so. Practically, the monarch has been largely removed from the process of royal assent. Since Henry VIII, it's been possible for the granting of assent to be delegated - so the monarch's personal role is no longer necessary (oversimplifying).
The last British monarch to refuse royal assent was Anne, in 1708, over the Scottish militia bill - when she only refused assent on advice of her ministers.
There are therefore no practical circumstances in 2022 under which a monarch could refuse assent unless the government instructed the monarch to do so; which is itself an almost unimaginable scenario under the modern parliamentary system, since a government can only be formed by a party or coalition that commands a majority in the Commons.
So why don't her ministers say refuse this clearly unconstitutional bill? Or does this mean the Cabinet?
In this context 'ministers' means the Cabinet. The Cabinet is formed by a government that can command a majority in the House of Commons.
In other words, the Queen is constitutionally bound to act on the advice of her ministers; her ministers are the government.
The possibility of the monarch countermanding the actions of the government is a fantasy that foreigners are fond of, but which no one engaged with the British constitution would countenance.









