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05. Institutions 2 - The Crown and the Royal Prerogative
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05. Institutions 2 - The Crown and the Royal Prerogative
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BEK Chapter 12 – The Crown and the Royal PrerogativeTHE MONARCHY
TERMINOLOGY
The Crown, the Monarch, the King/Queen
o What is the difference?
o Crown = historically that was vested in the personality of the monarch, but today it
is about the context of the country (no recognition of the word “state”) Crown is
synonymous with the State, i.e. collective authority of the government/state, of
which the Monarch is a part of, but not the only part
Lord Ried – Chandler case
o Monarch = particular office of state, which is currently held by Queen Elizabeth II
o King/Queen = the individual who holds the office of Monarch on behalf of the Crown
o 2 problems which arises:
1. Sometimes other territories use “the Sovereign” to refer to the Monarch
of the Queen, which is a misrepresentation (inappropriate to use in this
context)
2. Confusion in legislation
Crown Estates Act 1961 Act of Parliament used the term Crown
according to definition
HOWEVER, more recent legislation such as Succession to the Crown
Act uses the Crown as referring to the Monarch
Sovereign Grants Act 2011 talking about public financing of the
Monarchy
Queen’s Courts Not literally the Queen’s court, but it is
effectively the Crown Courts, i.e. the state’s court BUT there is
already the Crown Courts
INTRODUCTION
Most advance liberal democracies have moved to a republican system (i.e. with president as
head of state)
Britain Head of State = Monarch
TITLE TO THE CROWN
Derived from Act of Settlement 1700
Hereditary Principle of the Monarch inheritance as a basis for the Monarch
o Hereditary Principle is anachronistic, since most heads of states are elected
Principle of inheritance
o HOWEVER, there are other countries (a large number of countries in the
Commonwealth) that have a hereditary monarch, e.g. Australia, NZ, Canada
E.g. Japan also
FUNCTIONS AND DUTIES OF MONARCH
Had to define role of monarch in modern constitutional principles
Sir William, 1986 (Queen’s Private Secretary)
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