Sunday, March 9, 2008

Constitutional Monarchy - understanding the implications:

Wickipedia Encyclopaedia in the section “Constitutional monarchies today” http://en.wikipedia.org/wiki/Constitutional_monarchy

Displays this information:

“In both the United Kingdom and elsewhere, a common debate centers around when it is appropriate for a monarch to use his or her political powers. When a monarch does act, political controversy can often ensue, partially because the neutrality of the crown is seen to be compromised in favor of a partisan goal. While political scientists may champion the idea of an "interventionist monarch" as a check against possible illegal action by politicians, the monarchs themselves are often driven by a more pragmatic sense of self-preservation, in which avoiding political controversy can be seen as an important way to retain public legitimacy and popularity.”


Particular attention should be paid to these words:

A. While political scientists may champion the idea of an "interventionist monarch" as a check against possible illegal action by politicians,

B. the monarchs themselves are often driven by a more pragmatic sense of self-preservation, in which avoiding political controversy can be seen as an important way to retain public legitimacy and popularity.

It will be noted that throughout all the references to “Constitutional Monarchy” in the Wickipedia encyclopedia, they all refer to the options of Monarchy. Never ever to the People (or Subjects). Monarchy chose and elected to become a “Constitutional Monarchy” of its own volition, without any consultation whatsoever with its Subjects. That the Reigning Monarch was required to protect. In the Reigning Monarch’s relinquishing that responsibility and, that role, and, in becoming a “Constitutional Monarchy”; The People (or Subjects) were completely ignored. Not considered at all.

With reference to “A” above: an ‘interventionist monarch” protecting “Subjects” from the abuses or illegal actions by politicians; is not an option of the ‘Reigning Monarch’; it is an absolute requirement of the duty of Monarchy, and, of the Reigning Monarch, as determined by the compact it has with the people: “The Original Contract”.

The Original Contract is an 'unwritten' contract betwixt King and Subject. For the Subjects protection. It exists, and it is entrenched in English Law. It is best described by Henry Powle The Speaker of the Convention parliament of 1688. He, speaking in the special conference held in the 'Painted Chamber' of the House of Commons, to determine whether King James the Second had 'abdicated the throne', said this:

"It is from those that are upon the Throne of England (When there are any such) from whom the People of England ought to receive Protection: and to whom, for that Cause, they owe the Allegiance of Subjects; but there being none now from whom they expect Regal Protection, and to whom, for that Cause, they owe the Allegiance of Subjects, the Commons conceive, The Throne is Vacant."


The Reigning Monarch is required to provide protection of its Subjects, in this way. Each Reigning Monarch in the line of succession is required to Act as ‘Head of Government’ – monitoring parliament – in the interests and protection of its Subjects. Failure to protect the People (Subjects), automatically ‘breaks the original contract’; and thereby abdicates the Throne’.


In “B” above it will be seen that Monarchy chooses or elects to abandon “Absolute Monarchy” – and all of its responsibilities – to its Subjects; as enshrined in the “Original Contract”; and reverts to the lesser role of ‘Constitutional Monarchy’ purely in vested interests of its own. And, yet, in doing so, in the Great Britain case, makes no attempt of provision of a new ‘contract’ with its Subjects. No attempt was, or is made to release Subjects from their statutory obligation: of giving allegiance to the Reigning Monarch for as long as a Monarch shall reign.

Sir George Treby in his speech at the Convention (Parliament) of 1688 in the special debate with both Commons and Lords, at the request of the Commons, as to whether King James the Second had “abdicated the throne”. Made a very important speech in this regard. The Commons had declared that James II had “broken the original contract between King and People” and that thereby “The Throne was Vacant”. In this debate held in the Painted Chamber, both Commons and Lords considered whether this was true. The Lords, being required to give consent to what the Commons had declared. Speaking of King James II Sir George Treby said this:

He therein in faith, I will no more keep within my limited Authority, nor hold my Kingly Office upon such Terms. This title I had by the Original Contract between King and People; I Renounce that, and will Assume another Title to myself; That is, such a Title, as by which I may Act, as if there was no such Law to circumscribe my Authority.'' (Ref: Convention Speeches 1688)

In reality; this is exactly what British Monarchy said, and did, when it became a “Constitutional Monarchy”. It "Assumed another Title to itself". It abandoned its duty. In England and in English Law the Reigning Monarch cannot ‘break the original contract’ and remain on the Throne. In failing to act as “Head of Government, monitoring parliament, and protecting Subjects: abdicates the Throne. Either there is an “Absolute Monarchy” or “No Monarchy” at all.

The Throne Is Vacant. Why? Because each succeeding Monarch in the ‘line of succession’ ever since the British Monarchy became a “Constitutional Monarchy” has ‘broken the original contract’ and has abdicated the throne. With respect to Monarchy’s position with regard to “Constitutional Monarchy” and, how Monarchy’s responsibilities are affected in respect to the “Original Contract”; particular attention should be paid as to what the Earl of Clarendon says about this in the same ‘Convention’ debate. He also was speaking about King James II but, as he says here, it applies also to each succeeding Reigning Monarch as well:

irrespective of that analysis of the Law from the standpoint of the Divine Right of Kings upholding the Lineal Descent and its Authority: “The protection of the Subject” would be as binding on the Successor, as it was, on the Deposed. And if the Successor “Breached the Contract” as well; he also could be deposed.” (Ref: Convention Speeches 1688)

Monarchy failed to understand that. Or simply did not care. When, it breached the “Original Contract” and became a “Constitutional Monarchy”. Parliament made no provision for the ‘Subject’ either. No one thought about the ‘Subject’ at all. No one re-negotiated with the ‘Subject’ for a new ‘contract’ for their protection; protecting them from the abuses of the ‘business’ of parliament and parliamentarians. There was no provisions of a written constitution, or a Bill of Rights, or access to a Supreme Court of Law. When the British Monarchy became a “Constitutional Monarchy’ the Subject wound up, with no protection (in law) at all. It is impossible to fully understand all the ‘implications’ of “Constitutional Monarchy” without the full knowledge and understanding of all of this.

References: ‘Convention Speeches’, “Parliamentary History of the Glorious Revolution” by David Lewis Jones, published by Her Majesties Stationery Office, ISBN 0 11 701390 0. First published 1988.

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