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by Gaelan
2408 days ago
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In theory the Queen has the right to tell her advisors to bugger off, but in practice she hasn't done so in a long time, and I think it's widely believed that if she tried to exercise any power the monarchy would be abolished very shortly. |
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Consider the recent Miller II case [1]. The prime minster advised the Crown to prorogue parliament, which it did. The supreme court decided that the advice was dodgy, and so the prorogation was void.
This is not how it works for normal decisions taken under advice! If you advise me to buy an avocado ice-cream, and i do, but it turns out that you've never tried avocado ice-cream, and it's actually horrible, i don't get to go back to the shop and tell them that the purchase was void. I made my decision, and i have to stand by it. I might get to sue you for giving me duff advice, but there's no suggestion that my decision itself is altered.
So it really seems here that the Queen isn't deciding to do things, even in theory.
If she refused to do something she's required to - issue the prorogation, assent to laws, etc - then she would be in trouble, not because she's upsetting the balance of power, but because she's simply not doing her job, which is to exercise the powers of the Crown as required by law.
[1] https://en.wikipedia.org/wiki/R_(Miller)_v_The_Prime_Ministe...