Bill C-53: Succession to the Throne Act, 2013
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The Constitutional Requirements for the Royal Morganatic Marriage
The Constitutional Requirements for the Royal Morganatic Marriage Benoît Pelletier* This article examines the constitutional Cet article analyse les implications implications, for Canada and the other members of the constitutionnelles, pour le Canada et les autres pays Commonwealth, of a morganatic marriage in the membres du Commonwealth, d’un mariage British royal family. The Germanic concept of morganatique au sein de la famille royale britannique. “morganatic marriage” refers to a legal union between Le concept de «mariage morganatique», d’origine a man of royal birth and a woman of lower status, with germanique, renvoie à une union légale entre un the condition that the wife does not assume a royal title homme de descendance royale et une femme de statut and any children are excluded from their father’s rank inférieur, à condition que cette dernière n’acquière pas or hereditary property. un titre royal, ou encore qu’aucun enfant issu de cette For such a union to be celebrated in the royal union n’accède au rang du père ni n’hérite de ses biens. family, the parliament of the United Kingdom would Afin qu’un tel mariage puisse être célébré dans la have to enact legislation. If such a law had the effect of famille royale, une loi doit être adoptée par le denying any children access to the throne, the laws of parlement du Royaume-Uni. Or si une telle loi devait succession would be altered, and according to the effectivement interdire l’accès au trône aux enfants du second paragraph of the preamble to the Statute of couple, les règles de succession seraient modifiées et il Westminster, the assent of the Canadian parliament and serait nécessaire, en vertu du deuxième paragraphe du the parliaments of the Commonwealth that recognize préambule du Statut de Westminster, d’obtenir le Queen Elizabeth II as their head of state would be consentement du Canada et des autres pays qui required. -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 99 DECEMBER 1999 NO. 8 GLOBALISM AND THE CONSTITUTION: TREATIES, NON-SELF-EXECUTION, AND THE ORIGINAL UNDERSTANDING John C. Yoo* As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early nationalperiods to reconstruct the Framers' understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution'screation of a nationallegislature that could independently execute treaty obligations. The Framers also anticipatedthat Congress's control over treaty implementa- tion through legislation would constitute an importantcheck on the executive branch'spower in foreign affairs. TABLE OF CONTENTS Introduction .................................................... 1956 I. Treaties, Non-Self-Execution, and the Internationalist View ..................................................... 1962 A. The Constitutional Text ................................ 1962 B. Globalization and the PoliticalBranches: Non-Self- Execution ............................................. 1967 C. Self-Execution: The InternationalistView ................ -
What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
The Governor Genera. and the Head of State Functions
The Governor Genera. and the Head of State Functions THOMAS FRANCK* Lincoln, Nebraska In most, though by no means all democratic states,' the "Head o£ State" is a convenient legal and political fiction the purpose of which is to personify the complex political functions of govern- ment. What distinguishes the operations of this fiction in Canada is the fact that the functions of head of state are not discharged by any one person. Some, by legislative enactment, are vested in the Governor General. Others are delegated to the Governor General by the Crown. Still others are exercised by the Queen in person. A survey of these functions will reveal, however, that many more of the duties of the Canadian head of state are to-day dis- charged by the Governor General than are performed by the Queen. Indeed, it will reveal that some of the functions cannot be dis- charged by anyone else. It is essential that we become aware of this development in Canadian constitutional practice and take legal cognizance of the consequently increasing stature and importance of the Queen's representative in Canada. Formal Vesting of Head of State Functions in Constitutional Governments ofthe Commonnealth Reahns In most of the realms of the Commonwealth, the basic constitut- ional documents formally vest executive power in the Queen. Section 9 of the British North America Act, 1867,2 states: "The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen", while section 17 establishes that "There shall be one Parliament for Canada, consist- ing of the Queen, an Upper House, styled the Senate, and the *Thomas Franck, B.A., LL.B. -
Institute of Commonwealth Studies
University of London INSTITUTE OF COMMONWEALTH STUDIES VOICE FILE NAME: The Hon. Michael Kirby SO: Sue Onslow (Interviewer) MK: Michael Kirby (Respondent) SO: This is Sue Onslow talking to the Honourable Michael Kirby in Sydney on Friday, 28th March, 2014. Mr Kirby, thank you very much indeed for agreeing to take part in this oral history project. I wonder if you could begin by reflecting, Sir, on the establishment of the Eminent Persons’ Group of 2009-2010? Obviously, this came out of the Port of Spain affirmation in 2009, but I wondered if you could lay some background of how you came to be appointed to that group? MK: I’m not sure how the appointment came about. Sometimes it’s better not to know how appointments to national or international bodies occur. However, I was approached, first, I think, by a representative of the Australian government to ask if I would serve; then I received a letter from the Secretary- General, Mr Sharma, and he invited me to serve. I then accepted, and I served. But I’m not aware of the steps that were taken to secure my appointment. They may have arisen out of the fact that I had taken quite an active part over the years in the work of the Legal and Constitutional Affairs Division of the Commonwealth. I had contributed repeatedly to the Commonwealth Law Bulletin. I had gone repeatedly to Commonwealth Law conferences, and presented papers at them. I had not been a member of the political activities of the Commonwealth, but of basically the legal and support systems of the Commonwealth, which is often where it does its best work. -
I Am Pleased to Introduce the Succession to the Crown Bill 2014
I am pleased to introduce the Succession to the Crown Bill 2014, which facilitates Australia’s national response to the United Kingdom’s changes to the rules of Royal succession. Two of the changes were initially discussed by leaders of the sixteen Commonwealth realms where the Queen is the Head of State at the CHOGM meeting held in Perth on 28 October 2011. The UK Government proposed a further change which was also agreed. The UK Parliament passed the Succession to the Crown Act 2013 (the UK Act) on 25 April 2013 to make the agreed changes. Australia needs to take legislative action to ensure that the Sovereign of the UK is the same person as the Sovereign of Australia as, under the Australia Acts 1986 (Cth and UK), no Act passed by the UK Parliament extends automatically to the Commonwealth, or to a State or Territory. The UK Act makes three key changes to modernise those rules of Royal succession, which are discriminatory and out of date in the context of today’s society. Firstly, it removes the rule of male preference over females in the line of succession. This change will have retrospective effect back to the date of the CHOGM meeting. If the Duke and Duchess of Cambridge had in fact had a daughter, then this daughter would have preceded a future younger brother in the line of succession and remained third in line to the throne. Secondly, it removes the rule disqualifying a person from succeeding to the Crown or from being the Monarch due to their marriage to a Roman Catholic. -
The Sovereign and Parliament
Library Note The Sovereign and Parliament The Sovereign fulfils a number of ceremonial and formal roles with respect to Parliament, established by conventions, throughout the parliamentary calendar. The State Opening of Parliament marks the beginning of each new session of Parliament. It is the only routine occasion when the three constituent parts of Parliament—that is the Sovereign, the House of Lords and the House of Commons—meet. The Queen’s Speech during State Opening is the central element around which the ceremony pivots, without which no business of either the House of Lords or the House of Commons can proceed. Each ‘Parliament’ lasts a maximum of five years, within which there are a number of sessions. Each session is ‘prorogued’ to mark its end. An announcement is made in the House of Lords, to Members of both Houses following the Queen’s command that Parliament should be prorogued by a commissioner of a Royal Commission. At the end of the final session of each Parliament—which is immediately prior to the next general election—Parliament is also dissolved. Following the Prime Minister’s advice, the Sovereign issues a proclamation summoning the new Parliament, appointing the day for the first meeting of Parliament. All bills must be agreed by both Houses of Parliament and the Sovereign before they can become Acts of Parliament. Once a bill has passed both Houses, it is formally agreed by the Sovereign by a process known as royal assent. Additionally, Queen’s consent is sometimes required before a bill completes its passage through Parliament, if the bill affects the Sovereign. -
Loi D'interprétation
CANADA CONSOLIDATION CODIFICATION Interpretation Act Loi d’interprétation R.S.C., 1985, c. I-21 L.R.C. (1985), ch. I-21 Current to September 22, 2021 À jour au 22 septembre 2021 Last amended on August 3, 2021 Dernière modification le 3 août 2021 Published by the Minister of Justice at the following address: Publié par le ministre de la Justice à l’adresse suivante : http://laws-lois.justice.gc.ca http://lois-laws.justice.gc.ca OFFICIAL STATUS CARACTÈRE OFFICIEL OF CONSOLIDATIONS DES CODIFICATIONS Subsections 31(1) and (2) of the Legislation Revision and Les paragraphes 31(1) et (2) de la Loi sur la révision et la Consolidation Act, in force on June 1, 2009, provide as codification des textes législatifs, en vigueur le 1er juin follows: 2009, prévoient ce qui suit : Published consolidation is evidence Codifications comme élément de preuve 31 (1) Every copy of a consolidated statute or consolidated 31 (1) Tout exemplaire d'une loi codifiée ou d'un règlement regulation published by the Minister under this Act in either codifié, publié par le ministre en vertu de la présente loi sur print or electronic form is evidence of that statute or regula- support papier ou sur support électronique, fait foi de cette tion and of its contents and every copy purporting to be pub- loi ou de ce règlement et de son contenu. Tout exemplaire lished by the Minister is deemed to be so published, unless donné comme publié par le ministre est réputé avoir été ainsi the contrary is shown. publié, sauf preuve contraire. -
Canada's Evolving Crown: from a British Crown to A
Canada’s Evolving Crown 108 DOI: 10.1515/abcsj-2014-0030 Canada’s Evolving Crown: From a British Crown to a “Crown of Maples” SCOTT NICHOLAS ROMANIUK University of Trento and JOSHUA K. WASYLCIW University of Calgary Abstract This article examines how instruments have changed the Crown of Canada from 1867 through to the present, how this change has been effected, and the extent to which the Canadian Crown is distinct from the British Crown. The main part of this article focuses on the manner in which law, politics, and policy (both Canadian and non-Canadian) have evolved a British Imperial institution since the process by which the federal Dominion of Canada was formed nearly 150 years ago through to a nation uniquely Canadian as it exists today. The evolution of the Canadian Crown has taken place through approximately fifteen discrete events since the time of Canadian confederation on July 1, 1867. These fifteen events are loosely categorized into three discrete periods: The Imperial Crown (1867-1930), A Shared Crown (1931-1981), and The Canadian Crown (1982-present). Keywords: Imperial, the London Conference, the Nickle Resolution, the British North America Act, Queen Victoria, Sovereignty, the Statute of Westminster 109 Canada’s Evolving Crown Introduction Of Canadian legal and governmental institutions, the Crown sits atop all, unifying them by means of a single institution. This Crown has remained both a symbol of strength and a connection to Canada’s historical roots. The roots of the Crown run deep and can be traced as far back as the sixteenth century, when the kings of France first established the Crown in Canada in Nouvelle-France. -
House of Lords Reform 1997–2010: a Chronology
House of Lords Reform 1997–2010: A Chronology This House of Lords Library Note sets out in summary form the principal developments in House of Lords reform under the Labour Government of 1997–2010. Chris Clarke and Matthew Purvis 28th June 2010 LLN 2010/015 House of Lords Library Notes are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of the Notes with the Members and their staff but cannot advise members of the general public. Any comments on Library Notes should be sent to the Head of Research Services, House of Lords Library, London SW1A 0PW or emailed to [email protected]. Table of Contents Introduction ....................................................................................................................... 1 1997 .................................................................................................................................. 2 1998 .................................................................................................................................. 2 1999 .................................................................................................................................. 3 2000 .................................................................................................................................. 4 2001 .................................................................................................................................. 5 2002 ................................................................................................................................. -
Bibliography
BIbLIOGRApHY PRIMARY SOURCEs Conversations and Correspondence with Lady Mary Whitley, Countess Mountbatten, Maitre Blum and Dr. Heald Judgements and Case Reports Newell, Ann: The Secret Life of Ellen, Lady Kilmorey, unpublished dissertation, 2016 Royal Archives, Windsor The Kilmorey Papers: Public Record Office of Northern Ireland The Teck Papers: Wellington College SECONDARY SOURCEs Aberdeen, Isobel. 1909. Marchioness of, Notes & Recollections. London: Constable. Annual Register Astle, Thomas. 1775. The Will of Henry VII. ECCO Print editions. Bagehot, Walter. 1867 (1872). The English Constitution. Thomas Nelson & Sons. Baldwin-Smith, Lacey. 1971. Henry VIII: The Mask of Royalty. London: Jonathan Cape. Benn, Anthony Wedgwood. 1993. Common Sense: A New Constitution for Britain, (with Andrew Hood). Brooke, the Hon. Sylvia Brooke. 1970. Queen of the Headhunters. London: Sidgwick & Jackson. Chamberlin, Frederick. 1925. The Wit & Wisdom of Good Queen Bess. London: John Lane, The Bodley Head. © The Author(s) 2017 189 M.L. Nash, Royal Wills in Britain from 1509 to 2008, DOI 10.1057/978-1-137-60145-2 190 BIBLIOGRAPHY Chevenix-Trench, Charles. 1964. The Royal Malady. New York: Harcourt, Bruce & World Cronin, Vincent. 1964 (1990). Louis XIV. London: Collins Harvel. Davey, Richard. 1909. The Nine Days’ Queen. London: Methuen & Co. ———. 1912. The Sisters of Lady Jane Grey. New York: E.R. Dutton. De Lisle, Leanda. 2004. After Elizabeth: The Death of Elizabeth, and the Coming of King James. London: Harper Collins. Doran, John. 1875. Lives of the Queens of England of the House of Hanover, vols I & II. London: Richard Bentley & Sons. Edwards, Averyl. 1947. Frederick Louis, Prince of Wales. London/New York/ Toronto: Staples Press. -
Parliamentary Privilege
Patterns of change – parliamentary privilege How do the privilege provisions applying to Australia’s national parliament compare internationally? Has the curtailment of traditional provisions weakened the Parliament’s position? Bernard Wright Deputy Clerk, House of Representatives December 2007 PATTERNS OF CHANGE – PARLIAMENTARY PRIVILEGE 2 1. Summary 1.1 The law of parliamentary privilege applying to Australia’s national parliament has undergone significant change, as has the way matters of privilege and contempt are dealt with. This paper examines the law in Australia in comparison to the provisions in other parliaments. It does so by summarising three key provisions and commenting on the law of privilege in the wider legal context. It refers to two models for the privileges and immunities which apply in contemporary parliaments, and notes the way key provisions are dealt with in each model. The paper refers to adaptations in this area of law in other parliaments and to assessments that have been made of the needs of modern legislatures. It suggests that, paradoxically, the processes that involved significant reductions in traditional provisions applying to Australia’s national parliament have strengthened the parliament. The paper ends by speculating about some of the issues that may arise in this area in the future1. 1 I am most grateful to Professor Geoff Lindell, who read through a draft of this paper and made very helpful suggestions for improvement - BW PATTERNS OF CHANGE – PARLIAMENTARY PRIVILEGE 3 2. Privilege in the national Parliament – three key features Freedom of speech 2.1 Members of the national Parliament enjoy the privilege of freedom of speech2.