As the long-reigning monarch of the United Kingdom, Queen Elizabeth II occupies a unique position in British society. She is not only the head of state but is also part of the legislature, judiciary and the executive. This gives her a number of special powers and privileges not enjoyed by any other British citizen. However, it does not mean she is above the law entirely. The Queen is still bound by some laws and obliged to follow certain regulations when carrying out her duties.
Summary
While the Queen cannot be prosecuted under British law, there are some laws and regulations she is expected to follow. These include:
- Road traffic and driving laws
- Laws relating to taxation
- Laws relating to armed forces and declaring war
- Employment and equality laws
However, the Queen has immunity from prosecution under civil and criminal law. She also does not need a passport or driving license under British law. Additionally, the Queen has the power to appoint the Prime Minister and other ministers, summon and dissolve parliament, declare war, and pardon criminals.
As a constitutional monarch, the Queen’s power to make and pass legislation has been largely ceremonial since the late 17th century. She plays no direct role in making law and is considered to be above politics. However, she still retains some unique powers and privileges granted by constitutional conventions and common law. Determining exactly what laws the Queen can and cannot break has been a point of discussion among legal scholars and the British public for decades.
While the Queen cannot be prosecuted in British courts, she is the subject of certain laws and expectations regarding her behavior and actions as monarch. She is also bound by conventions, or unwritten rules, about her role and conduct. However, the Queen does have certain legal privileges and immunities making her exempt from parts of the law. This complex situation means answering the question “what law can the Queen break” is difficult and often depends on the specific circumstances.
Laws the Queen is Exempt From
One of the most well known exemptions is that the Queen cannot be prosecuted under British law, under the concept of sovereign immunity. This applies to both civil and criminal law. The concept can be traced back to the idea that the sovereign could do no wrong and dates back centuries in British law. Today, the Queen has absolute immunity from prosecution in UK courts under all legislation.
This immunity extends to the Queen’s immediate household as well. Her servants and officials supporting her role as monarch are also immune from prosecution. However, this only applies to officially sanctioned duties and actions performed on the Queen’s behalf. Private matters and behavior are not protected.
The Queen does not need a passport to travel overseas, as passports are issued in the name of Her Majesty. She also does not require a driving license, as licenses are issued in her name. She is exempt from needing to have vehicle tax or MOT test certificates for her official vehicles. All British police and armed forces are also loyal to the Queen before any government.
The Queen cannot be compelled to give evidence in court or be summoned to court as a witness. However, other members of the Royal Family do not share the same exemption. The Queen also has complete immunity from the Freedom of Information Act and her communications and correspondence are not accessible to the public.
Tax Laws
While the Queen does not have to pay income tax, capital gains tax or inheritances taxes, she still pays other taxes voluntarily. The Queen has paid income tax and capital gains tax since 1992, and she paid inheritance tax on the Queen Mother’s estate in 2002. However, she is not legally obligated to pay these taxes.
Foreign Laws
As head of state, the Queen is immune from all foreign criminal and civil laws while in office. Diplomatic immunity treaties with other nations effectively enshrine this principle in international law as well. She cannot be arrested, detained or prosecuted when conducting official duties overseas.
Laws the Queen Must Follow
While immune from a wide range of laws, the Queen does have to adhere to some statutes and regulations in UK law. These include laws relating to the armed forces, declaring war, employment practices and road traffic offenses. However, these laws are only legally enforceable through actions of the government rather than prosecutions against the Queen herself.
Armed Forces and Declaring War
As sovereign, the Queen is head of Britain’s armed forces and all military personnel take an oath of loyalty to the Crown. This grants her authority over deploying troops and declaring war. However, in practice this power is exercised by the Prime Minister and government. By constitutional convention, the Queen follows the advice of the government when signing official declarations of war.
Employment and Equality
As an employer of around 1,200 staff, the Queen generally follows employment laws regarding hiring and firing staff, workplace safety, pensions and benefits. She is also required to abide by equality laws governing discrimination on grounds of age, gender, race, religion and sexuality. However, some employees who are part of the Royal Household may not be protected by employment laws.
Road Traffic Laws
The Queen famously learned to drive as a truck mechanic during World War 2. When driving on public roads, she is required to follow standard road traffic laws like any member of the public. This includes stopping at lights, pedestrian crossings and adhering to speed limits. She can be fined and penalized for violations like speeding tickets, similar to ordinary motorists.
Unique Powers of the Queen
While limited by some laws, the Queen retains a number of unique powers as monarch under the constitution. She plays an important ceremonial role in passing legislation and appointments. Some of her special powers include:
- The power to appoint and dismiss ministers like the Prime Minister.
- The power to summon and dissolve Parliament.
- The power to enact legislation and give royal assent to bills.
- The power to declare war and make peace.
- The power to command the armed forces.
- The power to grant pardons.
However, in modern times her role is predominantly ceremonial and symbolic when exercising these powers. She is expected to act on the advice of the government, Prime Minister and parliament. Still, legally these powers are vested in the monarchy.
Appointing the Prime Minister
The Queen formally appoints the Prime Minister after a general election or when a Prime Minister resigns. By convention she appoints the leader of the political party that wins the most seats in the House of Commons. But she could technically appoint any MP able to command a majority in the House. Similarly she appoints ministers and government on the advice of the Prime Minister.
Summoning and Dissolving Parliament
Parliament cannot meet or pass laws without being summoned by the Queen. The formal State Opening of Parliament involves the Queen reading the government’s agenda from the throne in the House of Lords. She also formally dissolves parliament before a general election on the advice of the Prime Minister.
Royal Assent for Bills
Once passed by parliament, legislation requires Royal Assent from the Queen to become law. This is normally done by her representatives in the House of Lords and is considered a formality. The Queen rarely refuses assent directly, but this power means she could veto bills.
Declaration of War
The legal power to declare war and peace rests with the Crown. This means the government requires the Queen’s authority to use military force abroad. However, by convention she always acts on the advice of her ministers in making declarations of war. The Queen herself cannot declare war unilaterally.
Command of Armed Forces
All branches of Britain’s armed forces operate under the Crown’s authority as their Commander-in-Chief. This gives the Queen direct control over the military. However, this power is only nominal and ceremonial, exercised on the advice of the government.
Granting Pardons
The Queen retains the power to pardon criminals under the royal prerogative of mercy. Pardons are granted using the monarch’s own discretion, without ministerial advice. However, this power is only exercised in exceptional circumstances these days.
Conclusion
The Queen remains one of the most powerful monarchs in the modern world due to the preserved legal powers of the British Crown. However, evolution of the UK constitution over centuries means she is today mainly a symbolic figurehead. Her special legal status does make her immune from prosecution under civil and criminal law. But she is still expected to adhere to laws and conventions regarding her role as sovereign.