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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. -
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. -
Michael Nash, the Removal of Judges Under the Act of Settlement
PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission The Removal of Judges under the Act of Settlement (1701) Michael Nash This paper will consider the operation of the Act, the processes adopted, and the consequential outcomes. It is perhaps worth considering for a moment how important in consequence the Act was. And yet how little enthusiasm there was for it at the time, and how its passing was, in the words of Wellington later, “a damn near thing”. The Act only passed Parliament narrowly. It is said that it was carried by one vote only in Committee in the House of Commons. It is certain that the Act itself passed in the House of Commons “nemine contradicente” on May 14, 1701, but the Bill was but languidly supported. Many of the members, never more than 50 or 60 (out of a full house of 513) appear to have felt that the calling of a stranger to the throne was detestable, but the lesser of two evils. So the Bill was passed by 10% of the members. The passing of the Act is surrounded by myth, and records were then imperfectly kept, but Sir John Bowles, who introduced the Bill, was described as “a member of very little weight and authority”, who was even then thought to be disordered in his mind, and who eventually died mad! (1) Some of the great constitutional documents have been considered in a similar light: for example, the Second Reform Act in 1867. Smith, in a history of this Act, concludes that the bill survived “because a majority of the members of both Houses…dared not throw it out. -
Fixed-Term Parliaments Act
House of Commons House of Lords Joint Committee on the Fixed-Term Parliaments Act Report Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 18 March 2021 Ordered by the House of Lords to be printed 18 March 2021 HC 1046 HL 253 Published on 24 March 2021 by authority of the House of Commons and House of Lords Joint Committee on the Fixed-Term Parliaments Act The Joint Committee was appointed to: (a) carry out a review of the operation of the Fixed-term Parliaments Act 2011, pursuant to section 7 of that Act, and if appropriate in consequence of its findings, make recommendations for the repeal or amendment of that Act; and (b) consider, as part of its work under subparagraph (a), and report on any draft Government Bill on the repeal of the Fixed-term Parliaments Act 2011 presented to both Houses in this session. Membership House of Lords House of Commons Lord McLoughlin (Chair) (Conservative) Aaron Bell MP (Conservative, Newcastle- under-Lyme) Lord Beith (Liberal Democrat) Chris Bryant MP (Labour, Rhondda) Lord Grocott (Labour) Jackie Doyle-Price MP (Conservative, Lord Jay of Ewelme (Crossbench) Thurrock) Baroness Lawrence of Clarendon (Labour) Dame Angela Eagle MP (Labour, Wallasey) Lord Mancroft (Conservative) Maria Eagle MP (Labour, Garston and Halewood) Peter Gibson MP (Conservative, Darlington) Mr Robert Goodwill MP (Conservative, Scarborough and Whitby) David Linden MP (Scottish National Party, Glasgow East) Alan Mak MP (Conservative, Havant) Mrs Maria Miller MP -
81-Demise-Of-The-Crown.Pdf
SOUTH AUSTRALIA EIGHTY-FIRST REPORT of the LAW REFORM COMMITTEE of SOUTH AUSTRALIA to THE ATTORNEY-GENERAL RELATING TO THE DEMISE OF THE CROWN The Law Reform Committee of South Australia was established by Proclamation which appeared in the South Australian Government Gazette of 19th September, 1968. The present members are: THEHONOURABLE MR. JUSTICEZELLING, C.B.E., Chairman. THEHONOURABLE MR. JUSTICEWHITE, Deputy Chairman. THEHONOURABLE MR. JUSTICELEGOE, Deputy Chairman. M. F. GRAY,Q.C., S.-G. P. R. MORGAN. D. F. WICKS. G. F. HISKEY,S.M. The Secretary of the Committee is Miss J. L. Hill, c/o Supreme Court, Victoria Square, Adelaide 5000. EIGHTY-FIRST REPORT OF THE LAW REFORM COMMITTEE OF SOUTH AUSTRALIA RELATING TO THE DEMISE OF THE CROWN To: The Honourable C. J. Sumner, M.L.C., Attorney-General for South Australia. Sir, You referred to us for report the topic of a general Demise of the Crown Act for South Australia and we now report as follows:- "Demise of the Crown" is defined in Jowitt's Dictionary of English Law as "the death of the sovereign,. an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. A demise of the Crown may occur on the death of the sovereign or on his being deposed". Since the reign of Edward VIII that definition has now to be expanded by the inclusion of abdication as a deemed demise of the Crown. -
Canadian Monarchist News Les Nouvelles Monarchiques Du Canada Summer/Été 2019 — No
Canadian Monarchist News Les Nouvelles Monarchiques du Canada Summer/Été 2019 — No. 46 An occasional Newsletter for members and friends of The Monarchist League of Canada The Monarchist League of Canada / La Ligue Monarchiste du Canada, PO Box 1057, Lakeshore West PO, Oakville, Ontario, Canada L6K 0B2 905-855-7262 (800) 465-6925 www.monarchist.ca THE MONARCHIST LEAGUE OF CANADA – 49th ANNIVERSARY 1970-2019 Monarchist League sole supplier of Colour Lithos of Queen FEDS END QUEEN PICTURE DISTRIBUTION, SUBSTITUTING DOWNLOADS Report & Commentary this way, the visible presence of our by Robert Finch, Mon arch, and so the reflection of Dominion Chairman, the our constitutional reality, have be- Monarchist League of Canada come deeply imprinted on the con- sciousness of our citizenry. For many years, the Government The eve of producing a new “of fi - of Can ada, via the Department of cial” photo portrait of The Queen – Canadian Heritage, and its predeces- the current one dates from 2010, and sor, the Department of Secretary of was taken for the Diamond Jubilee State, has made lithographs – colour celebrations here in 2012 – found photographs printed on coat ed stock Can adian Heritage discontinue its – available without charge to Cana- long standing distribution. In its task dians. Regularly updated to reflect of promoting our heritage, which the inevitable processes of time, these one might have thought was at once constitute the great majority of images a privilege and duty in our Realm – of our Sov ereign which you and I and, citing cost and environmental are accustomed to see in fire halls considerations, the Department told and police stations, municipal council Canadians they would henceforth chambers and Legion halls, our em- need to access its website from which bassies abroad and ports of entry to they could download and then print Canada, not to men tion many other for themselves the picture of The public places and in homes and uni- Queen. -
Her Majesty at 80: Impeccable Service in an Indispensable Office
1 HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE by David Flint Foreword by Tony Abbott, MP Australians for Constitutional Monarchy 2 ©2006 by David Flint HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE ISBN Printed by Cover Design: Phuong Van Published 2006 by Australians for Constitutional Monarchy Level 6, 104 Bathurst Street, Sydney 2000 3 HER MAJESTY AT 80: IMPECCABLE SERVICE IN AN INDISPENSABLE OFFICE David Flint Foreword by Tony Abbott, MP Australians for Constitutional Monarchy 4 FOREWORD by the Hon. Tony Abbott, MP In this monograph, Professor Flint does more than just lay out the now well-understood arguments against becoming a republic. He also articulates compelling reasons for remaining a monarchy. The case against any particular form of republic is a strong one, as the 1999 referendum result demonstrated. The case for the monarchy is equally strong but much less frequently put as it relies on instincts which are deeply felt but not so easy to justify in a relentlessly utilitarian age. The monarch is both a living human being and an official functionary deeply entrenched in Australia's institutional arrangements. The monarch is a body natural and a body politic, as Flint clearly and concisely outlines. The monarch's primary role is to provide a political personality above and beyond politics. In Australia, this role is mostly discharged by the governor-general. It is hard to conceive of an elected or appointed president acting with the dignity and restraint that has so far characterised our governors-general, including those who have been ex-politicians. -
Planning for Accession and Coronation
DEPARTMENT OF POLITICAL SCIENCE INAUGURATING A NEW REIGN: PLANNING FOR ACCESSION AND CORONATION BOB MORRIS INAUGURATING A NEW REIGN: PLANNING FOR ACCESSION AND CORONATION Dr Bob Morris The Constitution Unit University College London May 2018 i ISBN: 978-1-903903-82-7 Published by: The Constitution Unit School of Public Policy University College London 29-31 Tavistock Square London WC1H 9QU United Kingdom Tel: 020 7679 4977 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit © The Constitution Unit, UCL, 2018 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First published May 2018 Front cover image: Nathan Hughes Hamilton; licenced under Creative Commons, https://creativecommons.org/licenses/by/2.0/legalcode ii CONTENTS Preface……………………………………………………………………………….v Executive summary………………………………………………………………….vi 1.1-1.25 Conceptual changes since 1952……………………………………………...1 1.1-1.5 Social…………………………………………………………..1 1.6-1.8 Religion……...………………………………………………....1 1.9-1.10 Political…………………………………………………….....2 1.11-1.14 Geopolitics and security……………………………………..2 1.15-1.23 Constitutional……………………………………………….3 1.24-1.25 Machinery of government…………………………………...5 2.1-2.22 Accession…………………………………………………………………....6 2.1 Demise…………………………………………………………….6 2.2-2.4 -
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. -
Bill C-53: Succession to the Throne Act, 2013
Bill C-53: Succession to the Throne Act, 2013 Publication No. 41-1-C53-E 30 August 2013 Michel Bédard Legal and Social Affairs Division Parliamentary Information and Research Service Library of Parliament Legislative Summaries summarize government bills currently before Parliament and provide background about them in an objective and impartial manner. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations. Legislative Summaries are revised as needed to reflect amendments made to bills as they move through the legislative process. Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print. © Library of Parliament, Ottawa, Canada, 2013 Legislative Summary of Bill C-53 (Legislative Summary) Publication No. 41-1-C53-E Ce document est également publié en français. CONTENTS 1 BACKGROUND ........................................................................................................ -
Parliamentary Debates (HANSARD)
Parliamentary Debates (HANSARD) THIRTY-NINTH PARLIAMENT FIRST SESSION 2015 LEGISLATIVE COUNCIL Thursday, 23 April 2015 Legislative Council Thursday, 23 April 2015 The PRESIDENT (Hon Barry House) took the chair at 10.00 am, and read prayers. VISITORS — CHISHOLM CATHOLIC COLLEGE Statement by President THE PRESIDENT (Hon Barry House): I welcome to the public gallery students from Chisholm Catholic College. I believe they are year 11 students. Welcome to the Legislative Council, and I hope you enjoy your tour of Parliament House. GAZETTED WATERSKIING AREA — ROWLES LAGOON Petition HON MARK LEWIS (Mining and Pastoral) [10.03 am]: I present a petition with 518 signatures couched in the following terms — To the Honourable the President and Members of the Legislative Council of the Parliament of Western Australia in Parliament assembled. We the undersigned residents of Western Australia are in support of legalising a gazetted ski area on Rowles Lagoon whenever it has available water to ski safely. A section of Rowles has a traditional use for skiing and has been gazetted in the past by the Department of Transport but recently this is being opposed by the Department of Parks and Wildlife. The park needs to cater for recreation and conservation which we believe can operate together if zoned and managed appropriately. Your petitioners therefore respectfully request the Legislative Council to recommend re-gazettal of Rowles Lagoon as a water ski area to allow the goldfields people an area to undertake water skiing whenever it has available water to ski safely. Your petitioners therefore humbly pray that you will give this matter earnest consideration and your petitioners, as in duty bound, will ever pray. -
Royal Succession and the Canadian Crown As a Corporation Sole: a Critique of Canada’S Succession to the Th Rone Act, 2013
Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Th rone Act, 2013 Philippe Lagassé James W.J. Bowden* Th e constitutionality of Canada’s Succession to stitution Act, 1867 ensures that Canada and the Th rone Act, 2013 (Succession Act) will be the United Kingdom share the same person tested in Quebec’s Superior Court in the coming as monarch.1 Th is view has been supported by months. In a case brought by two law professors Peter Hogg, Benoit Pelletier, Robert Hawkins, from Laval University, with the government of and other prominent constitutional lawyers.2 Quebec as an intervener, the Quebec Superior An opposing view has been off ered by Anne Court will consider whether the Parliament of Twomey and the Canadian Royal Heritage Trust Canada’s assent to a British statute is suffi cient to (CRHT). Twomey points out that since the West- change the rules of royal succession for Canada. minster Parliament can no longer legislate for If the court deems the issue justiciable, which is Canada, the distinction between the Canadian by no means certain, the case will likely turn on and British Crowns implies that changes to royal three interrelated questions. First, does the pre- succession must be accompanied by a Canadian amble to the Constitution Act, 1867, which states law if they are to have any eff ect in Canada.3 that Canada is federated under the “Crown of CRHT argues that royal succession was incorpo- United Kingdom of Great Britain and Ireland” rated into Canadian law during the Abdication