Expert: Phil Woodford - 8/19/2005

Question
Helo again, Phil.

I've been reading Francis Wheens, "How Mumbo Jumbo Conquered The World" (harper, 2004). (Recommended!)

Early on, Wheen cites PM Callaghan's ignominious 1979 fall from power (at below 37% of the popular vote) and his "ride to Buckingham palace to hand in his resignation to the Queen."

I'm almost embarassed to have to admit that it had never struck me before--how (even such a resouldingly popularly defeated) PM has to "resign", quite apparently at the Queen's discretion.

This "discretion" leads me to the question of what would happen were some British monarch or other ever to refuse (in any circumstances, but in particular of this sort) to accept a PM's resignation.

Granted, it is unlikely ever to happen, but that is not my question--which focuses on the (clearly implied) power of a British Monarch to do just that.

Two-part question:
COULD a British Monarch actually do it, and if so,
would the people have any "constitutional" right to refuse to recognize the monarch's gambit? In short, would the whole thing amount to yet another "constitutional crisis"?

Regards,
Dan O'Hanlon  

Answer
Hi Dan

I realise I'm not going to score highly on the 'prompt reply'.  I'm actually going to give up allexperts soon, because pressure of work really makes it difficult to respond to people promptly.

As the British Constitution is not written down, we rely a great deal on convention and common practice. Convention says that the Queen will respect the democratic will, although I suppose it is just possible to imagine circumstances - perhaps during a war or national crisis - where the Monarch might seek to dissuade a Prime Minister from resigning by threatening to refuse or even actually doing so.  If the Monarch were actually to exercise their residual powers irrationally, I have no doubt whatsoever that it would provoke a crisis that would have to be resolved in favour of the elected Parliament and Prime Minister.  In other words, in the hypothetical scenario, of the unelected Head of State challenging the elected government, I am certain the people would side with the government in most circumstances.  An exception might be where the government or Prime Minister were seen to be acting unconstitutionally themselves.  But my feeling is the actions of the government would have to be grotesque and extreme for the public to side with the Monarch.  Most people see the Queen's role as purely ceremonial and like to decide on the future of politicians themselves.

The form that the crisis would take is difficult to predict.  I imagine that it would largely be played out in the media.

Phil