Monarch - is the head of state, the source of sovereign authority and a symbol of national unity. According to the Act of Succession in 1701 in the UK operates a system of Castile, according to which the succession to the throne died or abdicated monarch made the eldest son, and in his absence - the eldest daughter. English monarch must be a Protestant by religion and can not be married to a Catholic. Monarch in the UK represents the stability of state institutions and the unity of the nation. Its position in the power system is determined by the formula "reigns but does not govern." Formally the monarch has significant authority and has great influence on the functioning of institutions. Most of the powers of the monarch defined the concept of "royal prerogative", other powers are fixed by law.
The royal prerogative - a collection of sovereign powers at common law. After 1688 the royal prerogative was perceived as limiting by law and defined by jurisprudence. Today, any of the powers of the monarch, members of the royal prerogative, may be the subject of legislative chambers if necessary. If Parliament adopts a law on the subject, refers to the royal prerogative, it is considered to be withdrawn from it since then. This is reflected in the jurisprudence.
In the English constitutional law there are two main types of prerogative powers of the monarch: a) personal; b) policy.
Personal prerogatives mostly limited to a number of rules to ensure the royal immunities and ownership. For example, "the monarch never dies", ie common law interregnum can not be, since the current system of succession involves the continuous functioning of the monarchy institution. Another example is a personal prerogative rule stating that "the monarch can do no wrong." In practice, this means a judicial sovereign immunity. From this, however, it does not mean that the Crown as an institution of government can not be sued in court. It is only the personal immunity of the monarch.
The political prerogatives. This group is very extensive powers and is classified in the educational and scientific literature on various criteria. One of them - the powers in the field of domestic and foreign policy.
In the royal prerogative of domestic policy can be summarized as follows: 1) the prerogative of the management; 2) the prerogative of the judiciary in the area; 3) the legislative prerogative.
in the field of management prerogative means: a) the monarch the right to appoint and dismiss ministers; b) management of the armed forces; c) the management of the property of the Crown; g) the appointment of bishops; d) salary honorary titles; e) emergency power and authority in the field of defense.
The prerogative of the judiciary in the region based on the rule of "the monarch - the source of justice." Historically, British monarchs not only appoint judges, but also took part in the trials. Today, British judges administer justice on behalf of the monarch, but are appointed in accordance with the procedure established by law. Almost judicial prerogatives consist in the presence of the monarch to pardon law. This right shall be exercised by the monarch with the active participation of the Minister of Internal Affairs.
The prerogative in the legislative field is manifested in two ways. Firstly, it is the right of the monarch to convene and dissolve parliament - the legislative authority. Secondly, legislative powers are in the right signature bills received chambers of Parliament.
In foreign policy, the royal prerogatives are as follows: 1) the right ad and the conclusion of peace; 2) the right to sign international treaties; 3) the right decision on the annexation and the cession of territory; 4) the right direction and accreditation of diplomatic representatives; 5) the right to the recognition of foreign states and governments.
It should be borne in mind that the political powers (prerogative) monarch made on the advice and with the participation of Government Ministers. Separately, it must be said about the right to enter into international agreements. In accordance with established practice in 1924, the international treaties signed by the Heads of State, submitted to the approval of both Houses of Parliament. This rule can be seen as a constitutional agreement. Contracts economic, trade or technical nature do not require the foregoing procedure for consideration in Parliament, if they: a) do not include in their text regulations providing for the need for ratification; b) do not entail changes in British law, or taxation; c) do not affect the private rights of British subjects.
The Privy Council is an advisory body to the monarch, historically occurred in the UK power system in the XIII century.