The Crown

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The British Crown
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This article is about the term referring to the state in some nations. For the television series, see The Crown (TV series). For other uses, see Crown (disambiguation).

New Zealand Crown
as the institution from which all state authority flows.

The Crown broadly represents the

judicial (the Crown on the bench) governance and the civil service.[2]

The concept of the Crown as a

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".

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]

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

Canadian monarch, presently Charles III
Balmoral Castle in Aberdeenshire
, Scotland, the privately owned property of Charles III

The concept of the Crown took form under the

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

In each Commonwealth realm, the term the Crown, at its broadest, now means the

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,

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

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.

Australian Crown-in-Parliament

The Crown also represents the legal embodiment of executive,

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

Further information: Commonwealth realm § The Crown in the Commonwealth realms
Further information: Monarchy in the Canadian provinces

Historically, the Crown was considered to be indivisible.

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

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

ministers
, legislature, or judges, none of which may advise the Crown in any other realm.

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]

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

The Crown is, in general,

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

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

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 used by Irish republicans and nationalists, including members of paramilitary groups, to refer to British security forces which operate in Ireland. The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and the Troubles. As noted by Irish republican Danny Morrison, "[t]he term 'security forces' suggests legitimacy, which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority."[a][71] Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative".[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. 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. 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. 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]

References

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  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. ^ a b c 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 Lords 1978).
  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, 22 (1), Edmonton: Centre for Constitutional Studies: 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. ^ a b Torrance 2023, p. 7
  13. ISBN 0-7546-0901-4
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  14. ^
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  15. ^ Elizabeth II (2005), "46.1.b", Interpretation Act, Ottawa: Queen's Printer for Canada (published 1 April 2005), retrieved 7 August 2009
  16. ^ a b 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. 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. ^ a b 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. ISBN 978-0-662-46012-1, archived from the original
    (PDF) on 4 February 2016, retrieved 28 November 2012
  26. ISBN 2-89461-378-4, archived from the original
    on 8 October 2012
  27. ISBN 978-1-100-12739-2
    , retrieved 3 December 2009
  28. ISBN 978-1-4597-0084-0
  29. ^ [22][23][24][25][26][27][28]
  30. 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.
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  36. ^
    ISBN 978-1-139-46536-6
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  37. 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), 9 (4 ed.), Lincoln County, Nevada (published 1974), 1206
  44. ^ Maitland, Frederic William (1908), The Constitutional History of England, Cambridge: Cambridge University Press, p. 418
  45. 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. ISBN 978-0-949009-99-9
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  50. H. Frowde
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  51. ISBN 978-0-7748-0259-8
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  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. ISSN 1179-0237
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  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. OCLC 60361482
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  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. ISSN 0309-1317
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  72. ISBN 978-1-84765-856-2
    . 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
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