The Constitution of the United Kingdom | King can do no wrong British Constitution

The Constitution of the United Kingdom | King can do no wrong British Constitution


The Constitution of the United Kingdom | King can do no wrong British Constitution
Shortly speaking, the King can do no wrong means that there can be no process of law against him. The reason is that power of King is not to do any injury: it is created for the benefit of the people, and, therefore, cannot cause injury to them. It means that the king is not to cause some wrong to anyone.

And when no wrong can be committed by king, then no process of law can be initiated against the king. Due to this concept, some immunities have been given to the king. Some of them are followings:

(i) Immunity from civil proceedings

(ii) Immunity from criminal proceedings

(iii) Other immunities

(i) Immunity From Civil Proceedings:-
Historically, the general rule in Great Britain was that the King/Queen was not proceeded against in civil cases. However, following means could be adopted to initiate civil proceedings against the King/Queen.

a) Petition of rights

b) Suits against Attorney-General

c) Actions against ministers or government departments

a) Petition Of Right:-
British King/Queen could be proceeded against in civil, cases through petition of right, but royal permission was necessity for it.

b) Suits Against Attorney-General:-
British King Queen could be proceeded against in civil cases by suits against Attorney-General.

c) Actions Against Ministers Or Government Departments:-
British King/Queen could be proceeded against in civil cases by actions against ministers or government departments where an Act of Parliament had specifically provided that immunity had been waived. Now, the position has been changed by the Crown Proceedings Act 1947: Proceedings of tort and contract can be brought against the King/Queen.

(ii) Immunity From Criminal Proceedings:-
Contrary to civil proceedings, criminal proceedings cannot be brought against the King/Queen. However, criminal proceedings can be brought against the King/Queen if permission has been acquired by statute.

(iii) Other Immunities:-
Followings are those other immunities, which are available to British King/Queen:

a) Immunity from arrest

b) Immunity to members of royal household

c) No arrest in presence of King/Queen

d) Non arrest within borders of a royal palace

e) No judicial process in a royal palace

a) Immunity From Arrest:-
British King/Queen is exempted from arrest in all cases.

b) Immunity To Members Of Royal Household:-
Members of royal household are also exempted from arrest in civil proceedings.

c) No Arrest In Presence Of King/Queen:-
No arrest can be made in British King/Queen’s presence.

d) No Arrest Within Borders Of A Royal Palace:-
No arrest can be made within borders of a royal palace.

e) No Judicial Process In A Royal Palace:-
When a royal palace is used as a royal residence, judicial process cannot be executed within that palace.

Conclusion:-

To conclude, it can be stated that British Monarchy has passed through a lengthy period of evolution. During this period, the monarchy has lost its authoritative powers due to democratic development, but has gained dignity and honour due to its own respect for democracy.

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