United Kingdom: how should the monarchy be organized if Charles III was unable to govern?


Alexandre Bozio / Credits: STEPHEN POND / GETTY IMAGES EUROPE / Getty Images via AFP
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3:17 p.m., February 6, 2024

On Monday, the announcement from Buckingham Palace shook the United Kingdom. King Charles III is suffering from cancer, the nature of which has not been specified, although the palace has indicated that it is not prostate cancer. The British Prime Minister, Rishi Sunak, for his part assured the BBC that the disease had been “detected early” and that he wished the 75-year-old monarch “to receive the treatment he needs and to recover. fully recover”. But how will the monarchy organize itself when Charles III will have to take time to heal?

The Regency act

In his statement, Buckingham said the sovereign had “begun a program of regular treatment, during which doctors have advised him to postpone his public activities” but that he will continue “to attend to the affairs of state and administrative tasks as usual”, specifies the text. Apart from official trips and public representations, Charles III should therefore, for the moment, continue to carry out the daily affairs for which he is responsible.

It remains to be seen what could happen if the British sovereign’s condition deteriorated. Indeed, a law adopted in 1937, called “the Regency Act” rules on the subject and discusses the protocol to follow to determine the total or partial impossibility for the monarch to carry out his functions.

A regency in case of total incapacity

If he were to no longer be able to reign, a declaration of incapacity can be established, but only by a very narrow group of people, namely the spouse of the sovereign, the Lord Chancellor, the Lord Chief Justice , the Master of the Rolls and the Speaker of the House of Commons. If three of them sign such a document, the declaration would become effective and would then be transmitted to the Privy Council and Commonwealth countries. Note that this declaration can be canceled by the same conditions if the monarch regains his abilities.

Next came the question of regency, which would be voted on by the English Parliament so as to never leave royal power vacant. Quite logically, this regency would be ensured by the Prince of Wales, William, first in the order of succession.



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