1. What is constitutional monarchy?

Constitutional monarchy is a form of government in which a king or queen acts as Head of State. The ability to make and pass legislation resides with an elected Parliament, not with the Monarch. As a system of government, constitutional monarchy separates the Head of State’s ceremonial and official duties from party politics. A constitutional monarchy also provides stability, continuity and a national focus, as the Head of State remains the same even as governments change.

The Sovereign/Monarch governs according to the constitution - that is, according to rules, rather than according to his or her own free will. The United Kingdom does not have a written constitution which sets out the rights and duties of the Sovereign, they are established by conventions. These are non-statutory rules which can be just as binding as formal constitutional rules.

As a constitutional monarch, the Sovereign must remain politically neutral. On almost all matters the Sovereign acts on the advice of ministers. However, the Sovereign retains an important political role as Head of State, formally appointing prime ministers, approving certain legislation and bestowing honours. The Sovereign has other official roles to play such as Head of the Armed Forces.

4. Queen and the Law

In the earliest times the Sovereign was a key figure in the enforcement of law and the establishment of legal systems in different areas of the UK. As such the Sovereign became known as the 'Fount of Justice'.

While no longer administering justice in a practical way, the Sovereign today still retains an important symbolic role as the figure in whose name justice is carried out, and law and order is maintained.

Although civil and criminal proceedings cannot be taken against the Sovereign as a person under UK law, The Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law.

1. Queen's role in the administration of Justice

The task of administering justice in the UK is carried out by members of a judiciary acting in The Queen's name. The Queen does not herself judge any case nor does she play any part in the judicial process. But she has a symbolic role. By the coronation oath, and by common law and various statutes, the Sovereign is required to cause law and justice with mercy to be administered to all. In the United Kingdom, all jurisdiction therefore derives from the Crown.

The courts are The Queen's courts; the judges are Her Majesty's judges and derive their authority from the Crown; criminal prosecutions are brought in the name of the Sovereign against those charged; the prisons are Her Majesty's Prisons. In previous decades prisoners used to be detained 'at Her Majesty's pleasure'.

In the area of law, as in her other public actions, The Queen acts solely on the advice of her Ministers. For example, although The Queen appoints senior judges, she does so on the advice of the Prime Minister. The Queen also exercises the prerogative of mercy, by which the Sovereign may, for example, grant free or conditional pardons or remit penalties, on the advice of her Ministers.