A legislature can restrain a monarch and establish limited government through several key mechanisms:
Legal and Constitutional Limits on Monarch's Power
- Magna Carta (1215): This was an early step where feudal barons forced the monarch to recognize certain rights of subjects, limiting the monarch’s absolute power
- Bill of Rights (1689) and Claim of Right Act (1689): These laws further restricted the monarch’s powers in England and Scotland, establishing parliamentary supremacy and limiting royal prerogatives
- Statute of Proclamations (1539): Removed the monarch’s power to rule by proclamation alone, requiring laws to go through Parliament
Parliamentary Sovereignty
- The legislature holds supreme authority to make or repeal laws, including those that limit the monarch’s powers. Parliamentary sovereignty means no monarch or other body can override Parliament’s legislation
- Parliament controls key functions such as the granting of royal assent to legislation, effectively controlling the legal authority of the monarch’s actions
Control Over Government Formation and Executive Powers
- The monarch’s power to appoint or dismiss a prime minister has been curtailed over time, with the prime minister increasingly accountable to Parliament rather than the monarch
- The royal prerogative powers, including foreign affairs, defense, and emergency powers, are exercised on the advice of ministers who are accountable to Parliament, reducing the monarch’s independent authority
Financial Dependence and Accountability
- Parliament controls the public purse and must authorize government spending, making the monarch financially dependent on Parliament, which restricts arbitrary royal actions
Constitutional Conventions and Ceremonial Role
- Over time, monarchs have become largely ceremonial figures, bound by constitutional conventions to act on the advice of the elected government, effectively limiting their political power
Summary
By enacting laws that require the monarch to govern according to statutes passed by Parliament, establishing parliamentary sovereignty, controlling financial resources, and limiting royal prerogatives through legal statutes and constitutional conventions, a legislature can restrain a monarch and establish a system of limited government. This transforms an absolute monarchy into a constitutional monarchy where the monarch’s powers are restricted and government is accountable to the legislature and, through it, to the people
