The Crown

Last updated

The image of St Edward's Crown is included in the coat of arms of New Zealand, and located atop the escutcheon, to symbolize the New Zealand Crown as the institution from which all state authority flows. Coat of arms of New Zealand.svg
The image of St Edward's Crown is included in the coat of arms of New Zealand, and located atop the escutcheon, to symbolize the New Zealand Crown as the institution from which all state authority flows.

The Crown broadly represents the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). [1] The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law; or to the functions of executive (the Crown-in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. [2]

Contents

The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It is not to be confused with any physical crown, such as those of the British regalia. [3]

The term is also found in various expressions such as Crown land , which some countries refer to as public land or state land; as well as in some offices, such as minister of the Crown, Crown attorney, and Crown prosecutor.

Definition

The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of the Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to". [4] Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define", [5] while William Wade stated the Crown "means simply the Queen". [6]

Warren J. Newman described the Crown is "a useful and convenient means of conveying, in a word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state." [7]

The Lord Simon of Glaisdale stated, "the crown is a piece of bejewelled headgear under guard at the Tower of London; but, one that symbolises the powers of government, which were formerly wielded by the wearer of the crown". [5]

The Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government is carried out by the civil servants employed in the various government departments." [5] This interpretation was supported by Section 8 of the Pensions (Colonial Service) Act 1887, which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning. [8]

Concept

Ottawa - Rideau Hall.JPG
Rideau Hall in Ottawa, Ontario, held in perpetuity by the Canadian monarch, presently Charles III
2019-05-16 09-59-18 Grossbritannien Aboyne, Upper Deeside and Donside Ward Carnaquheen 331.4.jpg
Balmoral Castle in Aberdeenshire, Scotland, the privately owned property of Charles III

The concept of the Crown took form under the feudal system. [9] Though not used this way in all countries that had this system, in England, all rights and privileges were ultimately bestowed by the ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage: owners of land held as socage held it subject only to the crown. When such lands become ownerless, they are said to escheat; i.e. return to direct ownership of the Crown (Crown land). Bona vacantia is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. [n 1] [10]

As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through the 13th century. [11] The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions. [12] Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch. [13]

When the kingdom of England merged with those of Scotland and Ireland, the concept extended into the legal lexicons of the United Kingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms. There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country. [14] However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms. [12]

King Charles III (wearing the Imperial State Crown), the living embodiment of the state/crown in each of the Commonwealth realms Carl III af Det Forenede Kongerige.jpg
King Charles III (wearing the Imperial State Crown), the living embodiment of the state/crown in each of the Commonwealth realms

In each Commonwealth realm, the term the Crown, at its broadest, now means the government or the polity known as the state, while the sovereign in all realms is the living embodiment of the state, [15] or symbolic personification of the Crown. [n 2] [29] The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and the body politic (which never dies). [14] The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder". [n 3] [31]

The terms the state, the Crown, [32] the Crown in Right of [jurisdiction], His Majesty the King in Right of [jurisdiction], [33] and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as the relevant jurisdiction's name. [22] [34] (In countries using systems of government derived from Roman civil law, the state is the equivalent concept. [35] ) However, the terms the sovereign or monarch and the Crown, though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally, its functions are exercised in the sovereign's name by ministers of the Crown [n 4] drawn from and responsible to the elected chamber of parliament. [36]

Still, the king or queen is the employer of all government officials and staff (including the viceroys, judges, members of the armed forces, police officers, and parliamentarians), [n 5] the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown property), [38] state-owned companies (Crown corporations or Crown entities), [39] and the copyright for government publications (Crown copyright). [40] This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers.

The mace of the Parliament of Queensland, symbolising the power of the Australian Crown-in-Parliament Ceremonial Mace of the Queensland Parliament.jpg
The mace of the Parliament of Queensland, symbolising the power of the Australian Crown-in-Parliament

The Crown also represents the legal embodiment of executive, legislative, and judicial governance. While the Crown's legal personality is usually regarded as a corporation sole, [41] it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. [42] [43] Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community". [44] J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to a network of other institutions of a similar nature." [45] Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries is "the state"." [46]

Divisibility of the Crown

Historically, the Crown was considered to be indivisible. [47] Two judgments— Ex parte Indian Association of Alberta (EWCA, 1982) and Ex parte Quark (House of Lords, 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on the power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. The Lords of Appeal wrote, "the Queen is as much the Queen of New South Wales and Mauritius and other territories acknowledging her as head of state as she is of England and Wales, Scotland, Northern Ireland, or the United Kingdom." [48]

The Crown in each of the Commonwealth realms is a similar, but separate, legal concept. To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown in Right of [place]; for example, the Crown in Right of the United Kingdom, [53] the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. Because both Canada and Australia are federations, there are also crowns in right of each Canadian province [54] and each Australian state. When referring to the Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities". [55]

The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers, legislature, or judges, none of which may advise the Crown in any other realm.

Her Majesty Queen Elizabeth II and her Canadian Ministers at Rideau Hall 1 July 1967.jpg
Elizabeth II, Queen of Canada, with her Cabinet in Rideau Hall, 1 July 1967
New Zealand Cabinet, 1981.jpg
Elizabeth II, Queen of New Zealand, with her Cabinet, 1981
Second Keating Cabinet 1994.jpg
Governor-General Bill Hayden, representing Elizabeth II, Queen of Australia, with Cabinet outside Government House, 25 March 1994
The Queen attending Cabinet to mark her Diamond Jubilee.jpg
Elizabeth II, Queen of the United Kingdom, with her Cabinet at 10 Downing Street, 18 December 2012
Queen Elizabeth II in her various capacities as sovereign of different countries, demonstrating the divisibility of the crown

New Zealand

In New Zealand, the term the Crown (Māori: te Karauna [56] ) is used to mostly mean the authority of government; its meaning changes in different contexts. [57] [58] In the context of people considering the claims and settlements related to the Treaty of Waitangi, professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government." [59]

Crown Dependencies

In the Bailiwick of Guernsey, legislation refers to the Crown in Right of the Bailiwick of Guernsey [60] or the Crown in Right of the Bailiwick [61] and the law officers of the Crown of Guernsey submitted that, "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" [62] and that this comprises "the collective governmental and civic institutions, established by and under the authority of the monarch, for the governance of these islands, including the states of Guernsey and legislatures in the other islands, the royal court and other courts, the lieutenant governor, parish authorities, and the Crown acting in and through the Privy Council". [63]

The flag of Jersey, displaying the badge of Jersey surmounted by a Plantagenet crown Flag of Jersey.svg
The flag of Jersey, displaying the badge of Jersey surmounted by a Plantagenet crown

In the Bailiwick of Jersey, statements by the law officers of the Crown define the Crown's operation in that jurisdiction as the Crown in Right of Jersey, [64] with all Crown land in the Bailiwick of Jersey belonging to the Crown in Right of Jersey and not to the Crown Estate of the United Kingdom. [65] The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in Right of the Bailiwick of Jersey. [66]

Legislation in the Isle of Man also defines the Crown in Right of the Isle of Man as being separate from the Crown in Right of the United Kingdom. [67]

British Overseas Territories

Following the Lords' decision in Ex parte Quark , 2005, it is held that the King, in exercising his authority over British Overseas Territories, does not act on the advice of the Cabinet of the United Kingdom, but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with the court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures. [68]

In the courts

In criminal proceedings, the state is the prosecuting party; the case is usually designated (in case citation) as R v [ defendant ], [69] where R can stand for either rex (if the current monarch is male) or regina (if the monarch is female), and the v stands for versus. For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown against Smith".

The coat of arms of the sovereign of the United Kingdom on the Westminster Magistrates' Court building in London, England Royal coat of arms, Westminster Magistrates' Court - geograph.org.uk - 2844500.jpg
The coat of arms of the sovereign of the United Kingdom on the Westminster Magistrates' Court building in London, England

The Crown is, in general, immune to prosecution and civil lawsuits. So, R is rarely (albeit sometimes [n 6] ) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by the government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant. The titles of these cases now follow the pattern of R (on the application of [X]) v [Y], notated as R ([X]) v [Y], for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting the European Union, where "Miller" is Gina Miller, a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller. Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union.

In Scotland, criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate, in place of rex or regina; as in, HMA v Al Megrahi and Fahima .

Most jurisdictions in Australia use R or The King (or The Queen) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using the abbreviation R (i.e. the case name at trial would be R v Smith; if the defendant appeals against the Crown, the case name would be Smith v The King). In Western Australia and Tasmania, prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith). Victorian trials in the original jurisdiction will be brought in the name of the director of public prosecutions. The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. Judges usually refer to the prosecuting party as simply "the prosecution" in the text of judgments. In civil cases where the Crown is a party, it is a customary to list the body politic (e.g. State of Queensland or Commonwealth of Australia) or the appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen).

In reporting on court proceedings in New Zealand, news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing the Crown; usages such as, "for the Crown, Joe Bloggs argued", being common.

The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown. Qui tam lawsuits on behalf of the Crown were once common, but have been unusual since the Common Informers Act 1951 ended the practice of allowing such suits by common informers.

Crown forces

The term Crown forces has been applied by militant Irish republicans to British-authorised security forces on the island of Ireland, including the British Armed Forces and armed police such as the Royal Ulster Constabulary, which are seen as enemy combatants or an occupation force. [lower-alpha 1] [71] Irish nationalists may apply Crown forces to earlier forces raised by the Dublin Castle administration at intervals since the Tudor conquest of Ireland to suppress various Irish uprisings. [72]

See also

Notes

  1. Jurisdictions in which this prerogative does not apply include Cornwall, where unowned property becomes the property of the duke of Cornwall, and Lancashire, where it becomes the property of the duke of Lancaster.
  2. In the Canadian context, the monarch has been described by Eugene Forsey as the "symbolic embodiment of the people—not a particular group or interest or party, but the people; the whole people"; [16] his daughter, Helen Forsey, said of his opinion on the Crown, "for him, the essence of the monarchy was its impartial representation of the common interests of the citizenry as a whole, as opposed to those of any particular government." [16] The Department of Canadian Heritage said the Crown serves as the "personal symbol of allegiance, unity, and authority for all Canadians," [17] [18] a concept akin to that expressed by King Louis XIV: "L'État, c'est moi", or, "I am the state". [19] Robertson Davies stated in 1994, "the Crown is the consecrated spirit of Canada", [20] and past Ontario chairman of the Monarchist League of Canada Gary Toffoli opined, "the Queen is the legal embodiment of the state at both the national and the provincial levels [...] She is our sovereign and it is the role of the Queen, recognized by the constitutional law of Canada, to embody the state." [21]
  3. As Peter Boyce put it, "the Crown as a concept cannot be disentangled from the person of the monarch, but standard reference to the Crown extends well beyond the Queen's person." [30]
  4. Executives who are themselves servants of the Crown. [36]
  5. The Supreme Court found in the 1980 case Attorney General of Quebec v. Labrecque that civil servants in Canada are not contracted by an abstraction called the state, but, rather, they are employed by the monarch, who "enjoys a general capacity to contract in accordance with the rule of ordinary law." [37]
  6. For exceptions in the United Kingdom, see Crown Proceedings Act 1947.
  1. In Danny Morrison's words, "[t]he term 'security forces' suggests legitimacy, which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority." [70]

Related Research Articles

<span class="mw-page-title-main">Governor General of Canada</span> Representative of the monarch of Canada

The governor general of Canada is the federal representative of the Canadian monarch, currently King Charles III. The King or Queen is monarch and head of state of Canada and 14 other Commonwealth realms, and resides in the oldest and most populous realm, the United Kingdom. The monarch, on the advice of his or her Canadian prime minister, appoints a governor general to administer the government of Canada in the name of the monarch, performing most of the king or queen's constitutional and ceremonial duties. The commission is for an indefinite period—known as serving at His Majesty's pleasure —though five years is the usual length of time. Since 1959, it has also been traditional to alternate between francophone and anglophone officeholders; although, many recent governors general have been bilingual.

<span class="mw-page-title-main">Monarchy of Canada</span> Function and history of the Canadian monarchy

The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is one of the key components of Canadian sovereignty and sits at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the foundation of the executive (King-in-Council), legislative (King-in-Parliament), and judicial (King-on-the-Bench) branches of both federal and provincial jurisdictions. The current monarch is King Charles III, who has reigned since 8 September 2022.

<span class="mw-page-title-main">Royal assent</span> Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. 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 little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

<span class="mw-page-title-main">Commonwealth realm</span> Sovereign state headed by King Charles III

A Commonwealth realm is a sovereign state that has Charles III as its monarch and head of state. All the realms are equal with and independent of the others, though one person, resident in the United Kingdom, acts as monarch of each. The phrase Commonwealth realm is an informal description not used in any law.

The style and title of the Canadian sovereign is the formal mode of address of the monarch of Canada. The form is based on those that were inherited from the United Kingdom and France, used in the colonies to refer to the reigning monarch in Europe. As various Canadian territories changed ownership and then the country gradually gained independence, the style and title of the monarchs changed almost as often as the kings and queens themselves. The mode of address currently employed is a combination of a style that originates in the early 17th century and a title established by Canadian law in 2024.

<span class="mw-page-title-main">Crown Dependencies</span> Self-governing possessions of the British Crown

The Crown Dependencies are three offshore island territories in the British Islands that are self-governing possessions of the British Crown: the Bailiwick of Guernsey and the Bailiwick of Jersey, both located in the English Channel and together known as the Channel Islands, and the Isle of Man in the Irish Sea between Great Britain and Ireland. They are not parts of the United Kingdom (UK) nor are they British Overseas Territories. They have the status of "territories for which the United Kingdom is responsible", rather than sovereign states. As a result, they are not member states of the Commonwealth of Nations. However, they do have relationships with the Commonwealth and other international organizations, and are members of the British–Irish Council. They have their own teams in the Commonwealth Games.

<span class="mw-page-title-main">Bailiwick of Guernsey</span> British Crown Dependency consisting of several islands

The Bailiwick of Guernsey is a self-governing British Crown Dependency off the coast of Normandy, France, comprising several of the Channel Islands. It has a total land area of 78 square kilometres (30 sq mi) and an estimated total population of 67,334.

<span class="mw-page-title-main">Monarchy of New Zealand</span> Function and history of the New Zealand monarchy

The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, acceded to the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022 in the United Kingdom. The King's elder son, William, Prince of Wales, is the heir apparent.

<span class="mw-page-title-main">Government of Alberta</span>

The Government of Alberta is the body responsible for the administration of the Canadian province of Alberta. In modern Canadian use, the term Government of Alberta refers specifically to the executive—political ministers of the Crown who are appointed on the advice of the premier. Ministers direct the non-partisan civil service, who staff ministries and agencies to deliver government policies, programs, and services. The executive corporately brands itself as the Government of Alberta, or more formally, His Majesty's Government of Alberta.

<span class="mw-page-title-main">Canadian royal symbols</span> Visual and auditory identifiers of the Canadian monarchy

Canadian royal symbols are the visual and auditory identifiers of the Canadian monarchy, including the viceroys, in the country's federal and provincial jurisdictions. These may specifically distinguish organizations that derive their authority from the Crown, establishments with royal associations, or merely be ways of expressing loyal or patriotic sentiment.

<span class="mw-page-title-main">Monarchy in Alberta</span> Function of the Canadian monarchy in Alberta

By the arrangements of the Canadian federation, Canada's monarchy operates in Alberta as the core of the province's Westminster-style parliamentary democracy. As such, the Crown within Alberta's jurisdiction is referred to as the Crown in Right of Alberta, His Majesty in Right of Alberta, or The King in Right of Alberta. The Constitution Act, 1867, however, leaves many royal duties in Alberta specifically assigned to the sovereign's viceroy, the Lieutenant Governor of Alberta, whose direct participation in governance is limited by the conventional stipulations of constitutional monarchy.

<span class="mw-page-title-main">Monarchy in Manitoba</span> Function of the Canadian monarchy in Manitoba

By the arrangements of the Canadian federation, Canada's monarchy operates in Manitoba as the core of the province's Westminster-style parliamentary democracy. As such, the Crown within Manitoba's jurisdiction is referred to as the Crown in Right of Manitoba, His Majesty in Right of Manitoba, or the King in Right of Manitoba. The Constitution Act, 1867, however, leaves many royal duties in Manitoba specifically assigned to the sovereign's viceroy, the Lieutenant Governor of Manitoba, whose direct participation in governance is limited by the conventional stipulations of constitutional monarchy.

<span class="mw-page-title-main">Monarchy in the Canadian provinces</span> Overview about the presence of monarchy in the Canadian provinces

The monarchy of Canada forms the core of each Canadian provincial jurisdiction's Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of government in each province. The monarchy has been headed since September 8, 2022 by King Charles III who as sovereign is shared equally with both the Commonwealth realms and the Canadian federal entity. He, his consort, and other members of the Canadian royal family undertake various public and private functions across the country. He is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Belize</span> Function and history of the Belizean monarchy

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.

<span class="mw-page-title-main">Monarchy of the Bahamas</span> Constitutional monarchy as a system of government in The Bahamas

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.

<span class="mw-page-title-main">Monarchy of Grenada</span> Constitutional monarchy as a system of government in Grenada

The monarchy of Grenada is a system of government in which a hereditary monarch is the sovereign and head of state of Grenada. The current Grenadian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Grenadian 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 Grenada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Grenada. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Saint Kitts and Nevis</span> Constitutional monarchy as a system of government in Saint Kitts and Nevis

The monarchy of Saint Kitts and Nevis is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Kitts and Nevis. The current monarch of Saint Kitts and Nevis, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Saint Kitts and Nevis. 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 Christopher and Nevis and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Kitts and Nevis. However, the King is the only member of the royal family with any constitutional role.

The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:

<i>Succession to the Throne Act, 2013</i> Canadian statute changing royal succession

The Succession to the Throne Act, 2013, gave Canada's assent to the United Kingdom's 2013 changes to the rules of succession to the British throne. It was passed by the Parliament of Canada as Bill C-53, and received royal assent on 27 March 2013. The act was brought into force by the Governor-General-in-Council on 26 March 2015.

References

  1. Jackson, Michael D. (2013), The Crown and Canadian Federalism, Dundurn, ISBN   978-1-4597-0989-8
  2. Carroll, Alex (2003). Constitutional and Administrative Law. Pearson/Longman. p. 7. ISBN   978-0-582-47343-0.
  3. CharlotteDunn (4 June 2018). "Crown Dependencies". The Royal Family. Retrieved 1 September 2021.
  4. Sunkin, Maurice; Payne, Sebastian (1999), The Nature of the Crown: A Legal and Political Analysis, Oxford: Oxford University Press
  5. 1 2 3 Town Investments v Department for the Environment, Lord Morris of Borth-y-Gest, Lord Simon of Glaisdale, Lord Kilbrandon, Lord Edmund-Davies , 359(House of Lords1978).
  6. Wade, William, "The Crown, Ministers, and Officials: Legal Status and Liability", in Sunkin, M.; Payne, S. (eds.), The Nature of the Crown, p. 24
  7. Newman, Warren J. (2017), Lagassé, Philippe; MacDonald, Nicholas A. (eds.), "The Crown in the 21st Century" (PDF), Review of Constitutional Studies, Some Observations on the Queen, the Crown, the Constitution, and the Courts, Edmonton: Centre for Constitutional Studies, 22 (1): 56, retrieved 5 June 2023
  8. Torrance 2023 , pp. 9–10
  9. Maitland, Frederic (1901). "The Crown as Corporation". Law Quarterly Review (17): 131–46.
  10. Nguyen, Nam H. (18 March 2018). Essential 25000 English-Cebuano Law Dictionary. Nam H Nguyen.
  11. Torrance, David (11 January 2023), The Crown and the Constitution (PDF), House of Commons Library, p. 8, retrieved 1 March 2023
  12. 1 2 Torrance 2023 , p. 7
  13. Valente, Claire (2003). The Theory and Practice of Revolt in Medieval England. Ashgate: Aldershot. p. 30. ISBN   0-7546-0901-4.
  14. 1 2 Twomey, Anne (17 September 2020), "Royal Succession, Abdication, and Regency in the Realms", in Hazell, Robert; Morris, Bob (eds.), The Role of Monarchy in Modern Democracy: European Monarchies Compared (PDF), London: Bloomsbury Publishing, p. 34, ISBN   9781509931033 , retrieved 2 May 2023
  15. Elizabeth II (2005), "46.1.b", Interpretation Act, Ottawa: Queen's Printer for Canada (published 1 April 2005), retrieved 7 August 2009
  16. 1 2 Forsey, Helen (1 October 2010). "As David Johnson Enters Rideau Hall..." The Monitor. Ottawa: Canadian Centre for Policy Alternatives. Retrieved 23 January 2011.
  17. Department of Canadian Heritage, Ceremonial and Canadian Symbols Promotion > The crown in Canada, Queen's Printer for Canada, retrieved 19 February 2009
  18. Department of Canadian Heritage (2010), Canada: Symbols of Canada (PDF), Ottawa: Queen's Printer for Canada, p. 3, retrieved 4 December 2016
  19. Derwyn, Shea (10 April 1996), "Bill 22, Legislative Assembly Oath of Allegiance Act, 1995 > 1720", Committee Transcripts: Standing Committee on the Legislative Assembly, Toronto: Queen's Printer for Ontario, archived from the original on 11 June 2011, retrieved 16 May 2009
  20. Davies, Robertson (8 August 1996). Hunting Stuart and The Voice of the People. Toronto: Simon & Pierre. ISBN   978-0-88924-259-3.
  21. Toffoli, Gary (10 April 1996), "Bill 22, Legislative Assembly Oath of Allegiance Act, 1995 > 1620", Committee Transcripts: Standing Committee on the Legislative Assembly, Toronto: Queen's Printer for Ontario, archived from the original on 11 June 2011, retrieved 16 May 2009
  22. 1 2 Table Research Branch of the House of Commons (March 2008). "Compendium of Procedure" (PDF). Ottawa: Queen's Printer for Canada. p. 1. Archived (PDF) from the original on 25 October 2012. Retrieved 14 October 2009.
  23. Cabinet Secretary and Clerk of the Executive Council (April 2004), Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual (PDF), Regina: Queen's Printer for Saskatchewan, p. 10, retrieved 30 July 2009
  24. The Royal Household, The Queen and the Commonwealth > Queen and Canada > The Queen's role in Canada, Queen's Printer, retrieved 15 May 2009
  25. MacLeod, Kevin S. (2012), A Crown of Maples (PDF) (2 ed.), Ottawa: Queen's Printer for Canada, p. 51, ISBN   978-0-662-46012-1, archived from the original (PDF) on 4 February 2016, retrieved 28 November 2012
  26. Marleau, Robert; Montpetit, Camille (2000), "1. Parliamentary Institutions > Institutional Framework > The Crown", House of Commons Procedure and Practice, Ottawa: Queen's Printer for Canada, ISBN   2-89461-378-4, archived from the original on 8 October 2012
  27. Citizenship and Immigration Canada (2009), Discover Canada (PDF), Ottawa: Queen's Printer for Canada, p. 2, ISBN   978-1-100-12739-2 , retrieved 3 December 2009
  28. Tidridge, Nathan (2011), Canada's Constitutional Monarchy: An Introduction to Our Form of Government, Toronto: Dundurn Press, p. 17, ISBN   9781459700840
  29. [22] [23] [24] [25] [26] [27] [28]
  30. Boyce, Peter John (2008a), The Queen's Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand, Sydney: Federation Press, p. 81, ISBN   978-1-86287-700-9
  31. Bowden, James; Philippe, Lagassé (6 December 2012), "Succeeding to the Canadian throne", Ottawa Citizen, archived from the original on 10 January 2013, retrieved 6 December 2012
  32. Elizabeth II (9 October 2012), "83.1", Financial Administration Act, Queen's Printer for Canada, retrieved 6 December 2012
  33. Elizabeth II (21 May 2004). "Memorandum for Understanding of Cooperation on Addressing Climate Change" (PDF). Toronto: Queen's Printer for Canada. p. 1. Retrieved 16 May 2009.
  34. Elizabeth II (2004). "A First Nations–Federal Crown Political Accord" (PDF). 1. Ottawa: Assembly of First Nations. p. 3. Archived from the original (PDF) on 6 October 2005. Retrieved 29 September 2009.
  35. Jackson, Michael D. (2013), The Crown and Canadian Federalism, Toronto: Dundurn Press, p. 20, ISBN   978-1-4597-0989-8
  36. 1 2 Turpin, Colin; Tomkins, Adam (28 June 2007). British Government and the Constitution: Text and Materials. Cambridge University Press. p. 366. ISBN   978-1-139-46536-6 . Retrieved 3 March 2024.
  37. Smith, David E. (1995), The Invisible Crown, Toronto: University of Toronto Press, p. 79, ISBN   0-8020-7793-5
  38. Department of National Defence. "DCBA 414 011759Z Apr 09 MFSI Annual Rates for the Fiscal Year 2009/2010". Queen's Printer for Canada. Archived from the original on 28 August 2009. Retrieved 16 May 2009.
  39. "Crown Entities Act 2004". New Zealand Legislation. Parliamentary Counsel Office. 25 February 2024.
  40. Canada (PDF) (Map). Queen's Printer for Canada. 2006. Archived from the original (PDF) on 26 March 2009. Retrieved 16 May 2009.
  41. George V (9 April 1925), "s. 180", Law of Property Act 1925, London: King's Printer
  42. Maitland, Frederic (1901), "The Crown as Corporation", Law Quarterly Review (17): 131–46
  43. The Law Commission (November 1996), "Paper 143: The execution of deeds and documents by or on behalf of bodies corporate" (PDF), Halsbury's Laws of England (Affidavit) (4 ed.), Lincoln County, Nevada (published 1974), 9, 1206
  44. Maitland, Frederic William (1908), The Constitutional History of England, Cambridge: Cambridge University Press, p. 418
  45. Allen, J.G. (July 2018), "The Office of the Crown", Cambridge Law Journal, Cambridge, 77 (2): 300, doi:10.1017/S0008197318000338, S2CID   149843556
  46. Lagassé, Philippe (2 November 2021), The State, The Crown, and Parliament, lecture given at Carleton University, Ottawa{{citation}}: CS1 maint: location missing publisher (link)
  47. Saunders, Cheryl (2015). "The Concept of the Crown". Melbourne University Law Review. 38: 883.
  48. Lords of Appeal, Ex parte Quark, 2005
  49. Lauterpacht, E.; Greenwood, C. J. (1992). International Law Reports. Vol. 87. Cambridge: Cambridge University Press. pp. 286, 713. ISBN   978-0-949009-99-9.
  50. Royal Institute of International Affairs (1983). The British Year Book of International Law. Vol. 53. British Institute of International Affairs. Oxford: H. Frowde. pp. 253, 257, 258.
  51. Bourne, C.B. (1986). Canadian Yearbook of International Law. Vol. 23. Vancouver: UBC Press. ISBN   978-0-7748-0259-8.
  52. The Australian law journal. Vol. 52. North Ryde: Law Book Co. of Australasia Ltd. 1978. pp. 58, 203, 207. 3910867.
  53. [49] [50] [51] [52]
  54. Ministry of Natural Resources (24 January 2006), Disposition of Public Land to Other Governments and Agencies (PDF), Toronto: Queen's Printer for Ontario, p. 2, at 3.2.B, retrieved 25 April 2010, When public land is required by the federal government or one of its departments, or any provincial ministry, the land itself is not transferred. What is transferred is the responsibility to manage the lands on behalf of Her Majesty the Queen (HMQ). This is accomplished by an Order-in-Council or a Minister's Order that transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as represented by a department or to HMQ in right of Ontario as represented by another ministry. The Crown does not transfer ownership to itself.
  55. Clayton Utz. "Retail Leases Comparative Analysis - The Act Binds the Crown". Clayton Utz. Archived from the original on 14 July 2022. Retrieved 14 April 2023.
  56. "Karauna". Te Aka Māori Dictionary. Retrieved 20 January 2023.
  57. Shore, Cris; Kawharu, Margaret (17 June 2014). "The Crown in New Zealand: Anthropological Perspectives on an Imagined Sovereign". Sites: A Journal of Social Anthropology and Cultural Studies. 11 (1): 17–38. doi: 10.11157/sites-vol11iss1id267 . ISSN   1179-0237.
  58. "Definition of 'the Crown' a difficult matter". New Zealand Law Society | Te Kāhui Ture o Aotearoa. 15 November 2019. Retrieved 12 May 2021.
  59. Hayward, Janine; Wheen, Nicola R., eds. (2004). The Waitangi Tribunal–Te Roopu Whakamana i te Tiriti o Waitangi. Wellington, N.Z.: Bridget Williams Books. ISBN   1-877242-32-2. OCLC   60361482.
  60. "Review of the Roles of the Jersey Crown officers" (PDF). Archived from the original (PDF) on 22 November 2011. Retrieved 7 November 2011.
  61. "The Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005". Archived from the original on 21 July 2011. Retrieved 7 November 2011.
  62. "Review of the Roles of the Jersey Crown officers" (PDF). Retrieved 7 November 2011.
  63. "It's a power thing…". Guernsey Press. 21 June 2010. Archived from the original on 10 June 2011. Retrieved 7 November 2011.
  64. "Review of the Roles of the Crown Officers" (PDF). Retrieved 7 November 2011.
  65. "Written Question to H.M. Attorney General". Archived from the original on 27 September 2011. Retrieved 7 November 2011.
  66. "Succession to the Crown (Jersey) Law 2013". States of Jersey. Retrieved 6 October 2021.
  67. "The Air Navigation (Isle of Man) Order 2007 (No. 1115)" . Retrieved 7 November 2011.
  68. Overseas Territories: Seventh Report of Session 2007–08, Vol. 2: Oral and Written Evidence. London, UK: The Stationery Office, 6 July 2008, pp. 49, 296–297
  69. "The Queen v Brenton Harrison Tarrant" (PDF). In the High Court of New Zealand Christchurch Registry. Retrieved 22 July 2022.
  70. Morrison, Danny (24–26 January 2004). "Saving 'Bobby Sands Street' > Words of Freedom". Irish History. Irlandinitiative Heidelberg. Retrieved 25 August 2015.
  71. Hawes-Bilger, Cordula (2007). War Zone Language: Linguistic Aspects of the Conflict in Northern Ireland. Francke. p. 148. ISBN   9783772082009.; O'Neill, Conor (2004). "Terrorism, insurgency and the military response from South Armagh to Falluja". The RUSI Journal. 149 (5): 22–25. doi:10.1080/03071840408523120. ISSN   0307-1847. S2CID   152582870.; Tomaney, John (2000). "End of the Empire State? New Labour and Devolution in the United Kingdom". International Journal of Urban and Regional Research. 24 (3): 675–688. doi:10.1111/1468-2427.00271. ISSN   0309-1317.
  72. Ferriter, Diarmaid (1 November 2012). Ambiguous Republic: Ireland in the 1970s. Profile Books. p. 247. ISBN   9781847658562 . Retrieved 21 August 2015. Because of the events of the War of Independence, the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative.

Further reading