COMPARATIVE PUBLIC LAW

LAW 669

FORMS OF GOVERNANCE

MONARCHY & CONSTITUTIONAL MONARCHY

Prof Arun Upadhyay

 Module 3 Theories and Forms of Governance

1. Meaning & Theories of Governance

2. Federal & Unitary Systems
3. Parliamentary & Presidential Systems
4. Monarchy & Constitutional Monarchy
5. Theocracy & State Secularity
6. Oligarchy & Presidium System
7. Examples, merits and demerits of each of these forms in various
parts of the world
8. Mixture of various form of Governance in the Indian Constitution
 MONARCHY SYSTEM OF GOVERNANCE

 Monarchy is the system of government or rule by a King or Queen.

 Monarchy is a form of government in which a person, the Monarch, is head of state for life or

until abdication.

 The political legitimacy and authority of the monarch may vary from restricted and largely symbolic

(constitutional monarchy), to fully autocratic (absolute monarchy), and can expand across the

domains of the executive, legislative, and judicial.

 The term applies to states in which supreme authority is vested in the monarch, an individual ruler

who functions as the head of state and who achieves his or her position through heredity.

However, elective and self-proclaimed monarchies have also happened.

 Monarchs can carry various titles such as emperor, empress, king, queen, raja, khan, tsar, sultan, shah,

or pharaoh. Monarchies can form federations, personal unions and realms with vassals through personal

association with the monarch, which is a common reason for monarchs carrying several titles.
 MONARCHY SYSTEM OF GOVERNANCE

 Monarchies were the most common form of government until the 20th century, by which

time republics had replaced many monarchies.

 Most of the modern monarchies tend to be constitutional monarchies, retaining under a constitution

unique legal and ceremonial roles for the monarch, exercising limited or no political power, similar

to heads of state in a Parliamentary republic.

 Characteristics of Monarchy System of Government:-

a. Most monarchs, both historically and in the modern day, have been born and brought up within

a royal family, the centre of the royal household and court. Growing up in a royal family, the future

monarchs are often trained for the responsibilities of expected future rule.

b. The monarch's position is unipersonal and lifelong, which means that it is exercised by only one person

until the day of his death, or until his abdication, resignation or de facto overthrow.
 MONARCHY SYSTEM OF GOVERNANCE

c. The title is usually transferred in a hereditary way between two relatives of the same royal family.
Within the line of succession to the throne, men have priority over women, and children over any other
kind of kinship. In the event that a King dies and there are no children, the crown may pass to the
brothers, nephews or cousins.
d. The monarch is considered as a symbol of national identity because of its mediating role between the
different public powers.
e. The monarchical government has been legitimized, throughout history, based on religion, claiming that
the right to rule and the sovereignty of the King come from the will of God.
f. A monarch can be the Head of State of different countries, that is to say, of different States
constituted with sovereignties, territories, nationalities and different laws.
g. A monarchy could also be established through the self-proclamation of a person who had no
connection with any royal family.
h. The monarchy is usually a permanent institution unaffected by changes in government.
 MONARCHY SYSTEM OF GOVERNANCE

 Merits of Monarchy System of Government:-

a. The Monarchy gives continuity to the policy of government, as it is not subject to frequent changes.

b. Monarchies usually have the strongest armies and defensive protocols. This is required because the

power of the throne rests in the lands and people being governed.

c. The primary duties of ruling or governance are given to a Prime Minister, who then reports directly

to the King or Queen.

d. The Monarchy is a symbol of national unity and dignity, and due to the sacredness of the institution, it

is revered and respected by a large section of the population.

e. From the government’s perspective, it can be cheaper to run a monarchy when compared with cost of

elections in democracies.
 MONARCHY SYSTEM OF GOVERNANCE

 Demerits of Monarchy System of Government:-

a. It is difficult to change the direction of a country under a monarchy. Since only one family or one

“noble” group is allowed into the ruling class under the structure of a monarchy, it becomes difficult for

the people to direct a change in what happens in their society.

b. Monarchies are supported by tax payers who are forced to furnish the costs that a monarch incurs

over the course of governing in virtually every instance of this government structure.

c. Succession within a monarchy does not guarantee competency of the monarch. Some rulers may not

even wish to take over their assigned responsibilities.

d. It is obsolete, anachronistic and out of time with the requirements of modern states. in many cases,

the rulers hold onto antiquated cultures and practice, which do not encourage development.
 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

 Constitutional monarchy, system of government in which a monarch shares power with a

constitutionally organized government. The monarch exercises their authority in accordance with a

constitution and is not alone in decision making.

 The monarch may be the de facto head of state or a purely ceremonial leader. However,

the constitution allocates the rest of the government’s power to the legislature and judiciary.

 The monarch in such system are bound to exercise powers and authorities within limits prescribed

by an established legal framework.

 While most monarchs may hold formal authority and the government may legally operate in the

monarch's name, the monarch no longer personally sets public policy or chooses political leaders.
 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

 Britain became a constitutional monarchy under the Whigs (i.e. supporters of a major British

political group of the late 17th through early 19th centuries seeking to limit the royal authority and

increase parliamentary power).

 Other constitutional monarchies include Belgium, Cambodia, Jordan,

Netherlands, Norway, Spain, Sweden, and Thailand.

 In addition to acting as a visible symbol of national unity, a constitutional monarch may hold formal

powers such as dissolving parliament or giving royal assent to legislation.

 However, such powers generally may only be exercised strictly in accordance with either written

constitutional principles or unwritten constitutional conventions, rather than any personal political

preferences of the sovereign.

 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

 Characteristics of Constitutional Monarchy:-

a. As the power of monarchs is limited by the constitution, constitutional monarchies are

often called limited monarchies.

b. Almost all modern constitutional monarchies have a parliamentary system in which there

is a monarch and an elected Prime Minister. Their respective roles are outlined by the

constitution. The monarch can either have ceremonial duties or reserve powers, such as

the power to grant pardon, to dismiss a Prime Minister, refuse Royal Assent to legislation, etc.

The Prime Minister, on the other hand, is the head of government and has effective

political power.

c. The king is the monarchy's head of state while the Prime Minister, whose power derives

directly or indirectly from elections is in charge of the government.

 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

 Merits of Constitutional Monarchy:-

a. A constitutional monarchy gets to benefit from two types of government structures. The people are

given the power to elect their representatives, including a Prime Minister or an equivalent position, at the

same time, there is a level of continuity to the government which also applies.

b. A constitutional monarchy strives to create more equality between the various levels of government.

In most cases, this prevents one person or entity from obtaining too much power over the legislative

process. A constitutional monarchy’s dual structure allows for the nation to experience higher levels of

internal security. People have the ability to vote out representatives that they feel are not meeting their

best interests.
 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

c. In most constitutional monarchies, the ruler involves is meant to stay neutral on all matters of

politics. The monarch typically works to maintain the reputation of their country while the elected

representatives do the daily work of governing.

d. Monarchs are often viewed as a uniting symbol for a nation. It links people to their past, while

providing a vision toward a better future.

e. The monarch has the authority to stop that action and even temporarily take over the government to

maintain the status quo until a new leader can be appointed.

 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

 Demerits of Constitutional Monarchy:-

a. A constitutional monarchy can provide the monarch with virtually no power, making them a

figurehead instead of a ruler.

b. Within a constitutional monarchy, the monarch has no choice but to serve. They are often born into the

life of a monarch. Some may even be forced into a role of ruling while they are still a child.

c. It provides no guarantee on the quality of rule as in a constitutional monarchy, the people have no say

over who gets to be assigned the monarch role. If a monarch hates the job, rules unfairly, or takes

unpopular action, there is not much the rest of the country can do about the situation since monarchs

aren’t elected.
 CONSTITUTIONAL MONARCHY SYSTEM OF
GOVERNANCE

d. It can be costly to support a monarch in this government structure, even when he or she does

virtually nothing for the country.

e. It does not force neutrality from a monarch even when a monarch is supposed to be neutral. In some

countries, the monarch is allowed to grant immunity from any prosecution. The monarch is also

allowed to pardon offenses that are deemed to be against the Crown.

f. It can reinforce classism in society by creating the idea that some people are born to rule, while others

are born to fail, no matter how much hard work might be put into improving one’s status.
Q&A