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Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
LIS-133: Antigua and Barbuda: Archipelagic and Other Maritime
United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Limits in the Seas No. 133 Antigua and Barbuda: Archipelagic and other Maritime Claims and Boundaries LIMITS IN THE SEAS No. 133 ANTIGUA AND BARBUDA ARCHIPELAGIC AND OTHER MARITIME CLAIMS AND BOUNDARIES March 28, 2014 Office of Ocean and Polar Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State This study is one of a series issued by the Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs in the Department of State. The purpose of the series is to examine a coastal State’s maritime claims and/or boundaries and assess their consistency with international law. This study represents the views of the United States Government only on the specific matters discussed therein and does not necessarily reflect an acceptance of the limits claimed. This study, and earlier studies in this series, may be downloaded from http://www.state.gov/e/oes/ocns/opa/c16065.htm. Comments and questions should be emailed to [email protected]. Principal analysts for this study are Brian Melchior and Kevin Baumert. 1 Introduction This study analyzes the maritime claims and maritime boundaries of Antigua and Barbuda, including its archipelagic baseline claim. The Antigua and Barbuda Maritime Areas Act, 1982, Act Number 18 of August 17, 1982 (Annex 1 to this study), took effect September 1, 1982, and established a 12-nautical mile (nm) territorial sea, 24-nm contiguous zone and 200-nm exclusive economic zone (EEZ).1 Pursuant to Act No. -
Discretion and the Reserve Powers of the Crown
Discretion and the Reserve Powers of the Crown Peter H. Russell The decision of Governor General Michaëlle Jean to grant prorogation when requested by Prime Minister Harper in 2008 and 2009 led to considerable debate among students of Parliament as to the discretionary power of a governor general to reject advice of a prime minister. This article agrees with those who believe that Mme Jean did not err in acting on those specific requests but rejects the idea that it would violate constitutional convention for a governor general to ever refuse such a request from a prime minister. It further argues that in the Westminster system the monarch or her representative, in exercising any of the Crown’s legal powers in relation to Parliament, retains the right to reject a prime minister’s advice if following that advice would be highly detrimental to parliamentary democracy. That rationale applies equally to prorogation and to dissolution. recent article by Nicholas MacDonald and scholars, that “in this democratic age, the head of state James Bowden1 quite rightly stressed that or her representative should reject a prime minister’s Ain the democratic age the reserve powers advice only when doing so is necessary to protect of the Crown should be rarely used. They say that parliamentary democracy.” Those words of mine are “most scholars” agree that it is only under the “most quoted, with what I take to be approval, by MacDonald exceptional circumstances” that the governor general and Bowden in their article. The justification for the may reject the prime minister’s advice. -
The Intermittent Sovereign
THE INTERMITTENT SOVEREIGN I MAX RADIN It is impossible to escape from Austin, or rather from Aristotle, for the whole history of Western civilization is saturated with the concept of the state or community as composed of one part which gives commands and another which obeys them. Few people have held that all states were in fact so organized or that the existing states were developed in order to effectuate this concept. But most of those who have seriously thought about state organization have thought about it in these terms and a good deal of our state machinery has been formed under the influence of people who were trained to think so. And again since Aristotle, a favorite way of classifying states has been on a quantitative basis in respect of those who issued commands. This power might be wielded by one person or a few persons or a great many persons and the state was in con- sequence a monarchy, an oligarchy, or a democracy. Plainly that is not the only way in which classification might be made. Instead of how many wielded this power, we might first of all ask what kind of persons, where they came from, and how they were selected. Or we might have in mind the purposes for which the power was exercised. All these classifications have in fact been used to some extent at different times. But however classified, the prevailing idea has nearly always been that the state is based on authority, that .its essential characteristic is the fact that, somewhere, some place, there are people who give orders and others who obey them. -
Theory, Application and the Canon: the Case of Mill and Jevons
University of Richmond UR Scholarship Repository Jepson School of Leadership Studies articles, book Jepson School of Leadership Studies chapters and other publications 2001 Theory, Application and the canon: The ac se of Mill and Jevons Sandra J. Peart University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/jepson-faculty-publications Part of the Economic Theory Commons, and the Political Economy Commons Recommended Citation Peart, Sandra J. "Theory, Application and the Canon: The asC e of Mill and Jevons." Reflections on the Classical Canon in Economics: Essays in Honor of Samuel Hollander. Ed. Evelyn L. Forget and Sandra J. Peart. London: Routledge, 2001. 356-77. Print. This Book Chapter is brought to you for free and open access by the Jepson School of Leadership Studies at UR Scholarship Repository. It has been accepted for inclusion in Jepson School of Leadership Studies articles, book chapters and other publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. 19 Theory, application and the canon The case of Mill and Jevons Sandra Peart Boundary questions, it has been well said, are always perplexing. (Economist 1882: 845) Introduction Whatever disputes remain about the nature and content of the "canon" of economics, it is widely accepted that the boundary of economic science was narrowed throughout the nineteenth century (Winch 1972). This chapter offers a partial explanation for that narrowing in the methodological develop ments that occurred during the second half of the century. For reasons of practicality in the face of pronounced "multiplicity of cause," John Stuart Mill called, ~n his 1836 Essay On the Definition ofPolitical Economy; and on the Method of Investigation Proper to It, and again in his 1843 Logi,c, for a separate and specialized science of political economy. -
The Monarchy in Prince Edward Island
The Monarchy in Prince Edward Island Canada’s History with the Royal Family per cent of the world’s people. Canada was created in 1867. By most standards, Canada, though a relatively young country, has a long- Constitutional Monarchy standing association with royal families. Thirty-two As a Constitutional Monarch, the Queen’s powers are kings and queens reigned over the country long before exercised by the Prime Minister or Premier who are Elizabeth II was crowned Queen of Canada. Canada responsible to the elected representatives of the people was explored, settled and grew during the reigns of in the House of Commons and the provincial British monarchs as far back as 1497. legislative assemblies. Though largely symbolic, the Crown is an integral part of our governmental Canada’s Governmental System structure. The Canadian Constitution limits the power and the Monarchy of the Crown in government, creating a primarily symbolic Canada is a federal state (that is, role for the Queen. Because the it has two levels of government, Queen resides in Britain, she is national and provincial) with a represented in Canada by the constitutional monarchy and a Governor General and in each of parliamentary democracy. Our the provinces by a Lieutenant head of state is the Queen of Governor. Canada. She is also the Queen of the United Kingdom, Australia, New Zealand and many other Did You Know? countries within the British The Honourable Antoinette Perry Commonwealth of Nations. Acts is our current Lieutenant of parliament and many actions Governor. She was sworn into of our national and provincial office on October 20, 2017 and is nd governments are made in the the 42 Lieutenant Governor of name of the Queen, though the Prince Edward Island. -
The English Constitution: Walter Bagehot
The English Constitution: Walter Bagehot MILES TAYLOR Editor OXFORD UNIVERSITY PRESS ’ THE ENGLISH CONSTITUTION W B was born in Langport, Somerset, in , the son of a banker. After taking BA and MA degrees from University College London he studied for the bar, and was called in . However, he decided to return home and join his father’s bank, devoting his leisure to contributing literary, historical and political reviews to the leading periodicals of the s. In he returned to London, succeeding his father-in-law as editor and director of the Economist. Three books ensured Bagehot’s reputation as one of the most distinguished and influential Victorian men-of-letters: The English Constitution (), published at the height of the debate over parliamentary reform; Physics and Politics (), his application of Darwinian ideas to political science; and Lombard Street (), a study of the City of London. Walter Bagehot died in . M T is a Lecturer in Modern History at King’s College, London. He is the author of The Decline of British Radicalism, – (Clarendon Press, ) and is currently completing a biography of the last Chartist leader, Ernest Jones. ’ For almost years Oxford World’s Classics have brought readers closer to the world’s great literature. Now with over titles–– from the ,-year-old myths of Mesopotamia to the twentieth century’s greatest novels–– the series makes available lesser-known as well as celebrated writing. The pocket-sized hardbacks of the early years contained introductions by Virginia Woolf, T. S. Eliot, Graham Greene, and other literary figures which enriched the experience of reading. -
1 the Right to Refuse Cabinet Advice As a Democratic Reform1 Tyler
1 The Right to Refuse Cabinet Advice as a Democratic Reform1 Tyler Chamberlain Trinity Western University, Langley BC [email protected] Prepared for delivery at the 2018 Canadian Political Science Association Conference in Regina, SK This is a draft. Please do not cite without permission of the author. 1 Note: This is a slightly different title than that in the 2018 CPSA program. 2 Abstract Recent years have seen a rise in interest and concern over the centralization of power in the Canadian Prime Minister’s Office. Politicians, journalists, and academics alike have decried the “elected” or “friendly” dictatorship into which the office of First Minister has transformed. This paper will review several of the solutions on offer before proposing and defending an alternative solution, namely strengthening the Crown’s right to refuse advice of First Ministers, under particular circumstances. This solution will be presented via the Constitutional Traditionalism of Eugene Forsey and John Farthing, two Canadian political thinkers whose arguments have been, I suggest, vindicated by recent experience. The final section will reflect on, and hopefully clarify, the tension between strengthening the power of unelected Governors General and the project of democratic reform. It will do this by reviewing some of the relevant literature on the potential conflict between the logic of electoral competition and the logic of good governance, including, but not limited to the work of Fukuyama (2014), Zakaria (1997, 2007), and Achen & Bartels (2016). I will conclude by suggesting that a proper conception of democratic reform in a Westminster system must not be reduced to merely increasing voter input, but must balance responsiveness to voters with the ability of the House of Commons to hold the Prime Minister and Cabinet to account. -
Operational Selection Policy OSP2, the Crown Estate, 1975-1985
OPERATIONAL SELECTION POLICY OSP2 THE CROWN ESTATE 1975-1985 Revised November 2005 1 Authority 1.1 The National Archives’ Acquisition Policy statement announced the Office’s intention of developing, in consultation with departments, Operational Selection Policies across government. These Policies would apply the collection themes described in the policy to the records of individual departments and agencies. 1.2 Operational Selection Policies are intended to be working tools for those involved in the selection of public records. This policy may, therefore, be reviewed and revised in the light of comments received from the users of the records or from archive professionals, the department’s experience of using the policy, or as a result of newly discovered information. There is no formal cycle of review but we would welcome comments at any time. The extent of any review and revision exercise will be determined according to the nature of the comments received. 1.3 If you have any comments upon this policy, please e-mail records- [email protected] or write to: Acquisition and Disposition Policy Manager Records Management Department The National Archives Kew Richmond Surrey TW9 4DU 2 Scope 2.1 This policy relates to the records produced by The Crown Estate in England and Wales and, for marine estates only, Northern Ireland, from 1975 to 1985. It does not cover functions relating to the management of The Crown Estate in Scotland - records of which pass to the National Archives of Scotland. It also excludes records produced by the Managing Agents and others who manage properties in The Crown Estate on behalf of the Commissioners. -
On Liberty John Stuart Mill Batoche Books
On Liberty John Stuart Mill 1859 Batoche Books Kitchener 2001 Batoche Books Limited 52 Eby Street South Kitchener, Ontario N2G 3L1 Canada email: [email protected] Contents Chapter 1: Introductory...................................................................... 6 Chapter 2: Of the Liberty of Thought and Discussion. .................... 18 Chapter 3: Of Individuality, as one of the Elements of Well-being. 52 Chapter 4: Of the Limits to the Authority of Society over the Indi- vidual. ........................................................................................ 69 Chapter 5: Applications. .................................................................. 86 Notes .............................................................................................. 106 Dedication The grand, leading principle, towards which every argument unfolded in these pages directly converges, is the absolute and essential impor- tance of human development in its richest diversity. Wilhelm von Humboldt: Sphere and Duties of Government. To the beloved and deplored memory of her who was the inspirer, and in part the author, of all that is best in my writings- the friend and wife whose exalted sense of truth and right was my strongest incitement, and whose approbation was my chief reward—I dedicate this volume. Like all that I have written for many years, it belongs as much to her as to me; but the work as it stands has had, in a very insufficient degree, the inestimable advantage of her revision; some of the most important por- tions having been reserved for a more careful re-examination, which they are now never destined to receive. Were I but capable of interpret- ing to the world one half the great thoughts and noble feelings which are buried in her grave, I should be the medium of a greater benefit to it, than is ever likely to arise from anything that I can write, unprompted and unassisted by her all but unrivalled wisdom. -
The Origins of the Crown
proceedings of the British Academy, 89, 171-214 The Origins of the Crown GEORGE GARNETT SECRETEDAWAY IN THE MIDST OF his posthumously published lectures on English constitutional history is one of those thought-provoking observations by Maitland which have lain largely undisturbed for ninety years: There is one term against which I wish to warn you, and that term is ‘the crown’. You will certainly read that the crown does this and the crown does that. As a matter of fact we know that the crown does nothing but lie in the Tower of London to be gazed at by sight-seers. No, the crown is a convenient cover for ignorance: it saves us from asking difficult questions.. Partly under the influence of his reading of German scholars, most notably Gierke, Maitland had begun to address questions of this nature in a series of essays on corporate personality, and in a few luminous, tantalizing pages in the History of English Law? Plucknett conceded that the issues raised by these questions, which he characterized as metaphysical, formed the foundations of legal history, but added, severely, that ‘prolonged contemplation of them may warp the judge- ment.’ Not, of course, that Maitland had been found wanting: Plucknett thought him acutely aware of the potential dangers of abstraction. But less well-seasoned timbers would scarcely bear up under the strain? Plucknett need not have worried. The judgements of Enghsh his- 0 neBritish Academy 1996 Maitland, Constitutional History, p. 418; cf. Pollock and Maitland, i 525: ‘that “metaphor kept in the Tower,” as Tom Paine called it’; E W. -
Some Observations on the Queen, the Crown, the Constitution, and the Courts Warren J Newman*
Some Observations on the Queen, the Crown, the Constitution, and the Courts Warren J Newman* Canada was established in 1867 as a Dominion Le Canada fut fondé en 1867 comme un under the Crown of the United Kingdom, with dominion sous la Couronne du Royaume-Uni, a Constitution similar in principle to that of the avec une constitution semblable en principe à celle United Kingdom. Th e concept of the Crown has du Royaume-Uni. Le concept de la Couronne evolved over time, as Canada became a fully a évolué au fi l du temps, au fur et à mesure independent state. However in 2017, Canada que le Canada est devenu un état entièrement remains a constitutional monarchy within what indépendant, mais en 2017 le Canada demeure is now the Commonwealth, and the offi ces of the une monarchie constitutionnelle à l’intérieur Queen, the Governor General, and the provincial de ce qui est maintenant le Commonwealth et Lieutenant Governors are constitutionally les fonctions de la Reine, du gouverneur général entrenched. Indeed, in elucidating the meaning et des lieutenants-gouverneurs des provinces ont of the Crown, an abstraction that naturally été constitutionnalisées. En fait, en élucidant le gives rise to academic debate and divergent sens de la Couronne, une abstraction qui donne perspectives, it is important not to lose sight of naturellement lieu à des débats théoriques et des the real person who is Her Majesty, given the points de vue divergents, il est important de ne importance that our constitutional framework pas perdre de vue la vraie personne qui est Sa attaches to her role, status, and powers.