Abstract

This comment is based on two recently published reports from the Constitution Unit, University College London, prepared by Professor Robert Hazell and the writer. This work followed a 2016 study ‘The Queen at ninety: the changing role of the monarchy, and future challenges’, which charted the further decline of the sovereign's personal constitutional powers and analysed the remaining functions. While the subsequent exercise was principally directed at examining the royal accession and coronation oaths, work was also undertaken to research the context of the oaths. The outcome was the two reports published in May 2018: ‘Swearing in the new king’, on the oaths, and ‘Inaugurating a new reign’, an account of past coronations and an analysis of the factors that might influence the shape of the next coronation. This article is in two parts: the first concentrates on the next coronation; the second examines the three statutory oaths that a new sovereign must swear, taking in also the traditional non-statutory personal declaration made at the sovereign's first Privy Council meeting. The first part concludes that the next coronation cannot be on the scale of the last and that the rite, although remaining Anglican-led, must find ways to reflect Britain's greater religious diversity. On the oaths, the second part points out that their imposition of personal duties was predicated on a constitutional situation where the sovereign was still head of the executive, rather than now, at most, speaking on its behalf. Granted the present, utterly changed position of the sovereign, alternative reformulations are offered for discussion and, absent amending legislation, suggestions are examined for how announcement clarifying their current meaning might be undertaken.

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