At His Majesty's pleasure (when the reigning monarch is female, at Her Majesty's pleasure), sometimes abbreviated to the King's pleasure (or the Queen's pleasure), is a legal term of art referring to the indeterminate or undetermined length of service of certain appointed officials or the indeterminate sentences of some prisoners. It is based on the proposition that certain government officials are appointed by the Crown and can be removed for policy reasons, unlike employees. Originating in the United Kingdom, the phrase is now used throughout the Commonwealth realms, Lesotho, Eswatini, Brunei, and other monarchies, such as Spain, the Netherlands, and Oman. In realms where the monarch is represented by a governor-general, governor, or administrator, the phrase may be modified to be at the governor's pleasure or variations thereof, since the governor-general, governor, lieutenant governor, or administrator is the king's personal representative in the country, state, or province.
People appointed by the sovereign to serve the Crown and who have no set limit to the time they occupy their given office—for example, governors-general and minister of the Crown—are said to serve at His Majesty's pleasure. In Canada, provincial lieutenant governors are appointed by the Canadian monarch's federal representative, the governor general, and are, thus, described in the Constitution Act, 1867, as holding office "during the pleasure of the governor general". [1] Similarly, Australian ministers of state are, by the Commonwealth of Australia Constitution Act 1900, appointed to serve "during the pleasure of the governor-general". [2]
The term is used to describe detention in prison for an indefinite length of time; [3] a judge may rule that a person be "detained at His Majesty's pleasure" for serious offences or based on a successful insanity defence. [4] This is sometimes used where there is a great risk of re-offending. However, it is most often used for juvenile offenders, usually as a substitute for life sentencing (which might be much longer for youthful offenders). For example, section 259 of England's Sentencing Act 2020 (which only applies to England and Wales) states, "where [...] a person convicted of murder, or any other offence the sentence for which is fixed by law as life imprisonment, and the person appears to the court to have been aged under 18 at the time the offence was committed. The court must sentence the offender to be detained during Her Majesty's pleasure." [5]
Prisoners held at His Majesty's pleasure are periodically reviewed to determine whether their sentence can be deemed complete; although this power traditionally rested with the monarch, such reviews are now made in lieu by others—the secretary of state for justice in England and Wales, for instance. Minimum terms are also set, before which the prisoner cannot be released; in England and Wales, these were originally set by the home secretary, but, since 30 November 2000, have been set by the trial judge. [6] Prisoners' sentences are typically deemed to be complete when the reviewing body is "satisfied that there has been a significant change in the offender's attitude and behaviour". [6]
In Commonwealth republics, such as Botswana, [7] India, [8] Kenya, [9] Pakistan, Singapore, [10] and South Africa, [11] the phrase is "during the president's pleasure". This term is also applied to other republics that are outside of the Commonwealth, such as Brazil, Egypt, Finland, France, Iceland, Ireland, Italy, South Korea, Mexico, Montenegro, and Serbia.
In Hong Kong, following the transfer of its sovereignty to China in 1997, the term was modified to "at executive discretion" (Chinese :等候行政長官的酌情決定). [12] Subsequently, this was held, by Judge Michael Hartmann, in the case Yau Kwong Man v. Secretary for Security, to be incompatible with the separation of powers enshrined in the Basic Law. [13]
In Malaysia, at the federal level, the term used is "at the pleasure of the Yang di-Pertuan Agong " [14] and "at the pleasure of the sultan/ruler/governor", at the state level.
In the United States, Russia, and the Philippines, the equivalent standard for political appointments is called "at the pleasure of the president" (Russian : по усмотрению президента, romanized: po usmotreniyu prezidenta; Filipino : Sa kasiyahan ng Pangulo). [15]
The governor-general of Australia is the representative of the monarch of Australia, currently King Charles III, and performs many constitutional, ceremonial and community roles in the Australian political system. When performing these roles, the governor-general acts independently and is not the King's delegate or agent. The current governor-general is David Hurley, having been appointed on 1 July 2019. Samantha Mostyn has been chosen by Prime Minister Anthony Albanese to be the next governor-general, beginning 1 July 2024.
The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on the advice of the premier of New South Wales, and serves in office for an unfixed period of time—known as serving At His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired judge Margaret Beazley, who succeeded David Hurley on 2 May 2019.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to, death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction.
The monarchy of Australia is a key component of Australia's form of government, embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional one, modelled on the Westminster system of parliamentary government, while incorporating features unique to the constitution of Australia.
The monarchy of Belize is a system of government in which a hereditary monarch is the sovereign and head of state of Belize. The current Belizean monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Belizean Crown. Although the person of the sovereign is shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled Kingof Belize and, in this capacity, he and other members of the royal family undertake public and private functions as representatives of the Belizean state. However, the King is the only member of the royal family with any constitutional role.
The monarchy of Barbados was a system of government in which a hereditary monarch was the sovereign and head of state of Barbados from 1966 to 2021. Barbados shared the sovereign with the other Commonwealth realms, with the country's monarchy being separate and legally distinct. The monarch's operational and ceremonial duties were mostly delegated to her representative, the governor-general of Barbados.
The monarchy of The Bahamas is a system of government in which a hereditary monarch is the sovereign and head of state of the Commonwealth of The Bahamas. The current Bahamian monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Bahamian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of The Bahamas and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Bahamian state. However, the King is the only member of the Royal Family with any constitutional role.
The monarchy of Saint Vincent and the Grenadines is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Vincent and the Grenadines. The current Vincentian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Vincentian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Vincent and the Grenadines and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Vincent and the Grenadines. However, the King is the only member of the royal family with any constitutional role.
Section 2 of the Constitution of Australia says that there shall be a Governor-General to represent the monarch in Australia.
From 1960 to 1963, Nigeria was a sovereign state and an independent constitutional monarchy. Nigeria shared the monarch with Australia, Canada, United Kingdom, and certain other sovereign states. The monarch's constitutional roles were mostly delegated to the governor-general of Nigeria.