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A proclamation (Lat. proclamare, to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state.
A head of state is the public persona who officially embodies a state in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more.
In English law, a proclamation is a formal announcement ("royal proclamation"), made under the great seal, of some matter which the King-in-Council or Queen-in-Council desires to make known to his or her subjects: e.g., the declaration of war, or state of emergency, the statement of neutrality, the summoning or dissolution of Parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legislature has left to the discretion of the king or queenin the announcement. Proclamations are also used for declaring bank holidays and the issuance of coinage.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
The Great Seal of the Realm or Great Seal of the United Kingdom of Great Britain and Northern Ireland is a seal that is used to symbolise the Sovereign's approval of important state documents.
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council. N.y
Royal proclamations of this character, made in furtherance of the executive power of the Crown, are binding on the subject, "where they do not either contradict the old laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such matter as the sovereign shall judge necessary" (Blackstone's Commentaries, ed. Stephen, ii. 528; Stephen's Commentaries, 14th ed. 1903, ii. 506, 507; Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive powers of the Crown, either call upon the subject to fulfil some duty which they are by law bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a misdemeanour) is an aggravation of the offence (see charge of Chief Justice Cockburn to the grand jury in R. v. Eyre (1867) and Case of Proclamations 1610, 12 Co. Rep. 74.
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions. Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service.
The Case of Proclamations  EWHC KB J22 is an English constitutional law case during the reign of King James I (1603–1625) which defined some limitations on the Royal Prerogative at that time. Principally, it established that the Monarch could make laws only through Parliament. The judgment began to set out the principle in English law that when a case involving an alleged exercise of prerogative power came before the courts, the courts could determine:
The Crown has from time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life." But this enactment was repealed by an act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also Order in Council).
An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the Queen by and with the advice and consent of the Privy Council (Queen-in-Council), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent.
The Crown has power to legislate by proclamation for a newly conquered country (Jenkyns, British Rule and Jurisdiction beyond the Seas); and this power was freely exercised in North America following the Seven Years' War by the Royal Proclamation of 1763 and in the Transvaal Colony during the Second Boer War 1899–1902. In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until they are proclaimed (e.g. the Foreign Enlistment Act 1870); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator was empowered to legislate by proclamation.
North America is a continent entirely within the Northern Hemisphere and almost all within the Western Hemisphere. It is also considered by some to be a northern subcontinent of the Americas. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the west and south by the Pacific Ocean, and to the southeast by South America and the Caribbean Sea.
The Seven Years' War was a global war fought between 1756 and 1763. It involved every European great power of the time and spanned five continents, affecting Europe, the Americas, West Africa, India, and the Philippines. The conflict split Europe into two coalitions: one was led by the Kingdom of Great Britain and included the Kingdom of Prussia, the Kingdom of Portugal, the Electorate of Brunswick-Lüneburg, and other small German states; while the other was led by the Kingdom of France and included the Austrian-led Holy Roman Empire, the Russian Empire, the Kingdom of Spain, Sweden, and the Electorate of Saxony. Meanwhile, in India, some regional polities within the increasingly fragmented Mughal Empire, with the support of the French, tried to crush a British attempt to conquer Bengal.
The Royal Proclamation of 1763 was issued by King George III on October 7, 1763, following Great Britain's acquisition of French territory in North America after the end of the French and Indian War and the Seven Years' War. This proclamation rendered all land grants given by the government to British subjects who fought for the Crown against France worthless. It forbade all settlement west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve.
In the old system of real property law in England, fines, levied with "proclamations", i.e., with successive public announcements of the transaction in open court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483–1484 and 1488–1489). These proclamations were originally made sixteen times, four times in the term in which the fine was levied, and four times in each of the three succeeding terms. Afterwards the number of proclamations was reduced to one in each of the four terms. The proclamations were endorsed on the back of the record. The system was abolished by the Fines and Recoveries Act 1833.
The Fines and Recoveries Act 1833 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the two species of property conveyance known as fines of lands and common recoveries.
On certain rare occasions, the heralds of the College of Arms and the Lyon Court (or somebody else assigned to) still publicly read out certain proclamations such as the proclamation regarding the dissolution of parliament or proclamations regarding the monarch's coronation, where they are read at the steps of the Royal Exchange in London and at the Mercat Cross in Edinburgh.
Her Majesty's Most Honourable Privy Council, commonly known as the Privy Council of the United Kingdom or simply the Privy Council, is a formal body of advisers to the Sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords.
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity.
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom whose modified versions are now domestic law within Australia and Canada; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms. Passed on 11 December 1931, the act, either immediately or upon ratification, effectively both established the legislative independence of the self-governing Dominions of the British Empire from the United Kingdom and bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states.
Royal assent is the method by which a monarch formally approves an act of the legislature. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy royal assent is considered to be little more than a formality; even in those nations which still, in theory, permit the monarch to withhold assent to laws, the monarch almost never does so, save in a dire political emergency or upon the advice of their government. While the power to veto a law by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
A Commonwealth realm is a sovereign state in which Queen Elizabeth II is the reigning constitutional monarch and head of state. Each realm functions as an independent co-equal kingdom from the other realms. As of 2019, there are 16 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. All 16 Commonwealth realms are members of the Commonwealth of Nations, an intergovernmental organisation of 53 member states. Elizabeth II is Head of the Commonwealth.
A decree is a rule of law usually issued by a head of state, according to certain procedures. It has the force of law. The particular term used for this concept may vary from country to country. The executive orders made by the President of the United States, for example, are decrees. In non-legal English usage, however, the term refers to any authoritarian decision. Documents or archives in the format of royal decrees or farming were issued by rulers.
In the United Kingdom, the Accession Council is a ceremonial body which assembles in St James's Palace upon the death of a monarch, to formally proclaim the accession of the successor to the throne. Under the terms of the Act of Settlement 1701, a new monarch succeeds automatically. The proclamation merely confirms by name the identity of the heir who has succeeded.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Roman Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are almost completely statutory in nature.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, consisting of both written and unwritten sources. The phrase "unwritten constitution" is sometimes used, despite the fact that the New Zealand constitution incorporates many written sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, Orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law". In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing Acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though - the Electoral Act requires certain provisions can only be amended following a referendum.
Antigua and Barbuda is a constitutional monarchy and a Commonwealth realm, with Queen Elizabeth II as its reigning monarch and head of state since 1 November 1981. As such she is Antigua and Barbuda's sovereign and officially called Queen of Antigua and Barbuda.
Elizabeth II was proclaimed queen throughout the Commonwealth realm after her father, King George VI, died in the night between 5 and 6 February 1952, while Elizabeth was in Kenya. Proclamations were made in different realms on 6, 7, 8, and 11 February. The line of succession was identical in all the Commonwealth realms, but the royal title as proclaimed was not the same in all of them.
The monarchy of Jamaica is a constitutional system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The terms Crown in Right of Jamaica, Her Majesty in Right of Jamaica, or The Queen in Right of Jamaica may also be used to refer to the entire executive of the government of Jamaica. Though the Jamaican Crown has its roots in the British Crown, it has evolved to become a distinctly Jamaican institution, represented by its own unique symbols.
The monarch of Belize is the head of state of Belize. The incumbent Queen of Belize is Elizabeth II, who has reigned since 21 September 1981. The heir apparent is Elizabeth's eldest son, Prince Charles, though the Queen is the only member of the royal family with any constitutional role. She and the rest of the royal family undertake various public ceremonial functions across Belize and on behalf of Belize abroad.
Saint Kitts and Nevis is a constitutional monarchy in which a monarch is head of state. The present monarch is Elizabeth II, who is also Sovereign of the other Commonwealth realms. The Queen's constitutional roles are mostly delegated to the Governor-General of Saint Kitts and Nevis. Royal succession is governed by the English Act of Settlement of 1701, which is part of constitutional law.
The Proclamation by the Crown Act 1539 was a law enacted by the English Reformation Parliament of Henry VIII. It permitted the King to legislate by decree, ordering that "traditional" proclamations should be obeyed as "though they were made by act of parliament". In addition the act appointed machinery for their enforcement.
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out.
The Succession to the Crown Act 2015 is the name of an act of the Commonwealth Parliament of Australia, enacted at the request of all six Australian states under section 51(xxxviii) of the Australian Constitution. The Australian acts were the final part of the Perth Agreement's legislative program agreed by the prime ministers of the Commonwealth realms to modernise the succession to the crowns of the sixteen Commonwealth realms, while continuing to have in common the same monarch and royal line of succession. as was the case at the time of the Statute of Westminster 1931.
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