This is a legal question, Can the British Monarchy be abolished by the People. Pls NO explanations for needing

Question

This is a legal question, Can the British Monarchy be abolished by the People. Pls NO explanations why the Monarchy is needed, it doesn't hurt etc. This is a very simple legal question (or may be a complex one). But anyone who has researched this topic (preferably a lawyer or a republican, please post your findings). I have no vested interest. I'm just writing a paper. One key subject of the paper is "When do people actually have freedom", then came the subject of British Monarchy. Legally do the people even have the power to abolish the British Monarchy. PLEASE I DONT NEED JUSTIFICATIONS WHY THE MONARCHY IS NEEDED, that is out of context.

Rimrocka, Thanks for that explanation that was useful. I just researched taht Cromwell died in 1659 and the Monarchy was restored in 1660 and Cromwell's remains were exhumed and hung in chains (gruesome). Why do the Brits have a tendency to keep going back to the Monarchy after becoming a Republic. One would think people (commoners) would like one of them would like to be the head of state one day.

Thanks for all the informative replies. With regards to treason, weren't people like George Washington considered traitors a long time back. The difficulty I'm having understanding this is, in modern times why are people still people putting up with a monarch. I'm pretty sure all rvolutionaries in history whether in America or France or anywhere were considered traitors by the establishment. These laws are so antiquated.

Answer 1

The posters who said the Lords and Commons could vote to abolish the monarchy are correct, but there is absolutely no requirement for a popular referendum. There has only been one nation-wide referendum in the UK's history (in 1975), and it is not an established part of the constitution. You might think such an important change demanded one, but there is no legal compulsion to call one. A simple majority vote in each house would be required, and the Queen herself would have to sign the act abolishing the crown. 'The people' could not abolish the monarchy, except through their elected representatives.

However, it would be fiendishly difficult, aside from the difficulty of choosing an acceptable replacement. The Crown is mentioned in thousands of the UK's laws passed over hundreds of years, and they would all have to be amended. A few years ago the government cavalierly announced they were abolishing the office of Lord Chancellor, but soon realised it was not so easy as his office is also mentioned in thousands of laws, and these laws could not function without him. This is even more the case with the Crown.

Incidentally, hubbahubba, treason has not been a capital crime since 1998, though calling for the abolition of the monarchy is still treason under the 1848 Treason Felony Act.

Answer 2

A very complex question, but put simply none of the three major political parties has ever called for the abolition of the monarchy nor put it into its manifesto when contesting a general election.

Most parties I suspect would be committing political suicide if they tried to do so, with a backlash from the people, and it would create a constitutional crisis of massive proportions.

However, if that party were to win the election and become the elected Government then they would pass a Bill to abolish the monarchy and it would be up to the Members of Parliament to vote on the Bill, if that were passed then it would go to The House of Lords for approval before ratification and if that happened then the Monarchy would be abolished.

A further however, all members of the armed forces swear allegiance not to Parliament but to the Monarch and it is not beyond the realms of possibility that they would not accept Parliament's Decree and you could find the Household Cavalry, backed up, by armoured divisions, the Royal Navy and the Royal Air Force marching down Whitehall taking over the Houses of Parliament and declaring Marshall Law.

Why could this happen? The popular vote to retain the Monarchy might easily overwhelm the abolitionists but because of the way elections are run a Government could be elected with a substantial minority, ie less than forty percent of the vote but with a popular vote in favour of retaining the Monarchy well in excess of fifty percent. This could give the leaders of our armed forces a mandate to support the Monarchy on behalf of the people.

I know it's probably not exactly what you were after, but I hope it gives you some idea that revolutions aren't just something that happens elsewhere or in our own history.

Answer 3

Ok i am a law student:


yes it can, through a referrendum.

how?

1) The the house of commons (congress) and the house of lords (senate) need to pass a bill to amend the british constitution (though i think they dont have a written one) so that the head of state is not a monarch, but a president.

2)Then, the majority of the population of england need to vote for a republic.

3) it is interesting to note that britian has previously been a republic when charles II was slain and oliver cromwell became the head of state.

edit:

SORRY about the wrong information, dunrobin is right, a referrendum would not be required because in the UK, parliament is completely sovereign, that is, a law passed by the government will effectively amend the constitution. (e.g if parlianment said we could kill all blue eyed babies, it wouldnt be "unconstitutional").

And you asked why brits have a tendency to go back to a monarch. Well, I would have to agree with them. I believe the head of state should be impartial. i.e the queen is not part of a political party. Furthermore, a president has too much powers and too much of a chance to abuse those based on partisan factors.

Sorry again for the wrong info, believe it or not i just studied what i told you last week. As you can tell, I'm only a first year law student. :)

Answer 4

Yes. There is no constitution in the UK but a set of precedences and practices. The Monarch of the UK can actually dismiss the Government when and if that person sees fit, but they would be foolish to do so. It is a little harder for the people to abloish the monarchy as a whole but they can force an abdication see Edward prior to WWII. This requires an act of Parliament.

Answer 5

Monarchy can be abolished by a referrendum or by framing a new constitution.A constituent assembly has to be constituted for constitutional change.Peoples rebellion has recently almost ended the monarchy in Nepal and the new constitution is being made.In USA it was ablished.British monarchy is the historical legacy and in a demcratic world it is an anomaly.

Answer 6

No legal bod here, but being as Treason is the only crime punishable by death here then I would say that the normal commoner would not be able to abolish the monarchy.

Answer 7

The United States abolished it in 1776 for domestic rule.

Answer 8

No. You do not have rights in other countries like you do in the United States.

Answer 9

As you know we succeeded in 1649 and yes it is possible to do it again - To The Revolution!!!!! - pass me my AK47

Answer 10

yes