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The Sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit Era
Island Studies Journal, 15(1), 2020, 151-168 The sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit era Maria Mut Bosque School of Law, Universitat Internacional de Catalunya, Spain MINECO DER 2017-86138, Ministry of Economic Affairs & Digital Transformation, Spain Institute of Commonwealth Studies, University of London, UK [email protected] (corresponding author) Abstract: This paper focuses on an analysis of the sovereignty of two territorial entities that have unique relations with the United Kingdom: the Crown Dependencies and the British Overseas Territories (BOTs). Each of these entities includes very different territories, with different legal statuses and varying forms of self-administration and constitutional linkages with the UK. However, they also share similarities and challenges that enable an analysis of these territories as a complete set. The incomplete sovereignty of the Crown Dependencies and BOTs has entailed that all these territories (except Gibraltar) have not been allowed to participate in the 2016 Brexit referendum or in the withdrawal negotiations with the EU. Moreover, it is reasonable to assume that Brexit is not an exceptional situation. In the future there will be more and more relevant international issues for these territories which will remain outside of their direct control, but will have a direct impact on them. Thus, if no adjustments are made to their statuses, these territories will have to keep trusting that the UK will be able to represent their interests at the same level as its own interests. Keywords: Brexit, British Overseas Territories (BOTs), constitutional status, Crown Dependencies, sovereignty https://doi.org/10.24043/isj.114 • Received June 2019, accepted March 2020 © 2020—Institute of Island Studies, University of Prince Edward Island, Canada. -
Rhode Island Office of Lt. Governor Statutory Duties
Rhode Island Office of Lt. Governor Statutory Duties As of September 6, 2016 Summary The Rhode Island lieutenant governor has eighteen (18) statutory duties. These duties include chairing three commissions and serving on four other boards, and making about 20 appointments to various boards and commissions. The lieutenant governor chairs councils on emergency management, small business and intergovernmental relations and impacts other areas from long term care and homelessness to interstate cooperation. Citations Statutory duties of Lieutenant Governor as prescribed by Rhode Island General Laws (RI Gen. Law): 1. Serve as Chair of the state Small Business Advisory Council (RI Gen. Law Section 42- 91-2). 2. Appoint three members to the Small Business Advisory Council (RI Gen. Law Section 42-91-2). 3. Serve as Chair of the Rhode Island Emergency Management Advisory Council (RI Gen. Law Section 30-15-6). 4. Serve as (or designate) a member of the Long-term Care Coordinating Council (RI Gen. Law Section 23-17.3-2). 5. Appoint seven (7) members of the Long-term Care Coordinating Council as prescribed by law (RI Gen. Law Section 23-17.3-2). 6. Appoint two members of the Plastic Recycling and Litter Commission (RI Gen. Law Section 21-27.1-3). 7. Appoint one member to the Pesticide Relief Advisory Board established (RI Gen. Law Section 23-25.2-3). 8. Serve as a member of the Martin Luther King, Jr. State Holiday Commission (RI Gen. Law Section 25-2-18.1). 9. Appoint three members of the Committee on Naval Affairs (RI Gen. -
Written Evidence Submitted by UK Government (CPP0009)
Written evidence submitted by UK Government (CPP0009) 02 March 2021 Northern Ireland Affairs Committee Inquiry into Citizenship and Passport Processes in Northern Ireland Dear Chair, Thank you for the opportunity to provide evidence to the Northern Ireland Affairs Committee in relation to the Committee’s inquiry into Citizenship and Passport Processes in Northern Ireland. The work of the Committee, including the critical role it plays in Parliamentary scrutiny, is of the utmost importance to the Government. The Government is fully committed to the Belfast Agreement, the constitutional principles it upholds, and the rights it protects. This includes the birthright provision, which protects the rights of all the people of Northern Ireland to identify themselves and be accepted as Irish or British or both, as they may so choose, and the right to hold both British and Irish citizenship. To support the Committee’s inquiry, the Secretary of State for Northern Ireland has asked that I write to you, with the support of the Minister for Future Borders and Immigration, Kevin Foster MP, to provide detailed evidence in response to the inquiry’s terms of reference. UKG response to the terms of reference 1. The interaction between UK nationality law and the Belfast (Good Friday) Agreement, and any engagement with the European Convention on Human Rights (ECHR). The introductory remarks to the Committee’s inquiry1 state that the Belfast (Good Friday) Agreement: “guarantees the right of the people of Northern Ireland to identify as British, Irish or both -
ANNEX 15-A Section 1: Central Government Entities
ANNEX 15-A Section 1: Central Government Entities 1. This Chapter applies to central government entities listed in each Party’s Schedule to this Section where the value of the procurement is estimated, in accordance with Article 15.1.6 and 15.1.7, to equal or exceed: (a) for procurement of goods and services: A$81,800 or US$58,550 (b) for procurement of construction services: A$9,396,000 or US$6,725,000. The monetary thresholds set out in subparagraphs (a) and (b) shall be adjusted in accordance with Section 8 of this Annex. Schedule of Australia1,2 1. Agriculture, Fisheries and Forestry Portfolio Department of Agriculture, Fisheries and Forestry Dairy Adjustment Authority Biosecurity Australia 2. Attorney-General’s Portfolio Attorney-General’s Department Administrative Appeals Tribunal Australian Crime Commission Australian Customs Service Australian Federal Police AUSTRAC Classification Board Classification Review Board CrimTrac Agency Family Court of Australia Federal Court of Australia Federal Magistrates Court Human Rights and Equal Opportunity Commission Insolvency and Trustee Service Australia (ITSA) National Native Title Tribunal Office of Film and Literature Classification Office of Parliamentary Counsel Office of the Director of Public Prosecutions Office of the Privacy Commissioner 3. Communications, Information Technology and the Arts Portfolio Department of Communications, Information Technology and the Arts National Archives of Australia 15-A-1 4. Defence Portfolio Department of Defence3 Department of Veterans’ Affairs Defence Materiel Organisation 5. Education, Science and Training Portfolio Department of Education, Science and Training Australian Research Council 6. Employment and Workplace Relations Portfolio Department of Employment and Workplace Relations Australian Industrial Registry Equal Opportunity for Women in the Workplace Agency Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) Office of Workplace Services 7. -
A Guide to Titles and Forms of Address for Dignitaries
OFFICIAL A GUIDE TO TITLES AND FORMS OF ADDRESS FOR DIGNITARIES How referred to in Title Address block in correspondence Salutation person Governor-General His Excellency General the Honourable David Hurley AC DSC (Retd) Your Excellency or Initially ‘Your Excellency’ Governor-General of the Commonwealth of Australia Dear Governor-General thereafter ‘Sir’ Contact: Governor-General of the Commonwealth of Australia Governor His Excellency The Honourable Hieu Van Le AC Your Excellency At first meeting ‘Your Governor of South Australia Excellency’ thereafter Contact: Governor of South Australia ‘Sir’ Premier The Honourable Steven Marshall MP Dear Premier Premier Premier of South Australia Contact: Premier of South Australia Prime Minister The Honourable Scott Morrison MP Dear Prime Minister Prime Minister or Prime Minister of Australia Mr Morrison Contact: Prime Minister of Australia Lieutenant Governor Professor Brenda Wilson AM Dear Professor Wilson Professor Wilson Lieutenant Governor of South Australia Contact: Lieutenant Governor of South Australia Chief Justice The Honourable Chief Justice Chris Kourakis Dear Chief Justice Chief Justice Chief Justice of South Australia Contact: Chief Justice of South Australia Government Ministers The Honourable (Dr if required) (first name) (surname) MP or MLC Dear Minister Minister or Minister Minister for xxx (surname) Contact: State Cabinet Ministers If addressing a Minister in their electorate office Dear Minister Minister or Minister The Honourable (Dr if required) (first name) (surname) MP or -
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. -
Chapter Vi the Occupants of Government House
CHAPTER VI THE OCCUPANTS OF GOVERNMENT HOUSE Before giving a list of the occupants of Government House since it was first erected it would be desirable to set out briefly the various changes there have been in the ruler ship of Bengal and India since the beginning of British power. The oldest British Settlement in India is that of Fort St. George, Madras, the next being Bombay. The first British factories in Bengal were established in 1633 and from that date to 1700 the Bengal establishment was subordinate to Madras except for a period of two years between 1682 and 1684 when William Hodges was appointed independent Governor of Bengal. Bengal was made a Presidency in 1699 and the period of permanent independent Governors of Bengal started in 1700, the first being Job Charnock’s son-in-law. Sir Charles Eyre and the title that was held till 1774 was President in the Bay and Governor and Commander-in-Chief of Fort William in Bengal for the United East India Company. From 1699 therefore there were three Presidencies Madras, Bombay and Bengal, each of which, governed by a President or Governor with a Council, was entirely independent of the others and subordinate only to the Directors in London. The Trend of events happened to make Bengal, though the most junior in creation, the most important of the three politically, and by Lord North’s Regulating Act of 1773 the Governor of Fort William was given control over the other two Presidencies, his supremacy being indicated by a change of title to Governor General of the Presidency of Fort William in Bengal. -
File:British North America Act 1867.Pdf
ANNO TRICESIMO VTCTOR.LE REGIN.,E. +3Nk'**+'MM**s'#0M#++Wifly4JIa** ****** Mild,o-*.**Yi +Y2 41P*: !!ilF+t * *****ii** C A P. M. An Act for the Union of Canada, Nova Scotia, and New Brunswvick, 'and the Government thereof;' and for Purposes connected therewith. [29th March 1867.] HEREAS the Provinces of Granada, Nova S'ootia, and : Now Bra wick have expressed their Desire to ' be federally united , into One Dominion under the Crown of the United Kingdom of Great BrUai# and Ireland,, with a Consti- 'tution similar in Priuoiplf, to that of the United Kingdom And whereas such a Union would conduce to the Welfare of 'the Pi°ovihoes` and promote the Interests of the Brith Empire : 'And whereas on the Establishment of the 'Union by Authority of 'Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared : And whereas it is expedient that Provision be -made for the eventual Admission into the Union of other Parts` of British North, America : Be ' it therefore enacted and declared by the ' Queen's' most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual C, and, 10 30° VICTORI.E, Cap.3. British North America. and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows : I.-PRELIMINARY. Short Title. 1. This Act may be cited as The British North America Act, 1867. Application 2. The Provisions of this Act referring to Her Majesty the Queen o`.' Provisions referring to extend also to the Heirs and Successors of Her Majesty, Kings and the Queen. -
The Spouses of the Governors of Queensland Credits and Acknowledgements
The Spouses of the Governors of Queensland Credits and Acknowledgements Cover design – portraits of the © The State of Queensland, Australia (Office of the Governor). spouses of the Governors of First edition published May 2018, revised edition published November 2018. Queensland since 1859. Copyright protects this publication except for purposes permitted by the The Office of the Governor expresses Copyright Act. Reproduction by whatever means is prohibited without prior its sincere gratitude to the State written permission of the Office of the Governor. Reference to this publication is Library of Queensland for granting permitted only with appropriate acknowledgement. permission to reproduce items from its photographic collection. Every effort has been made to ensure the information and facts in this book are The portrait of Lady Abel Smith is correct but the publishers hereby disclaim any liability for incorrect information. reproduced with permission from the Government House, Queensland – www.govhouse.qld.gov.au National Portrait Gallery, London. ISBN 978-0-646-98873-3. Contents Governor’s Foreword 2 Introduction 3 Lady Bowen 4 The Marchioness of Normanby 6 Lady Musgrave 8 Lady Norman 10 Lady Lamington 12 Lady Chermside 14 Lady Chelmsford 16 Lady MacGregor 18 Lady Goold-Adams 20 Lady Goodwin 22 Lady Wilson 24 Lady Lavarack 26 Lady Abel Smith 28 Lady Mansfield 30 Lady Hannah 32 Lady Ramsay 34 Lady Campbell 36 Mr Angus McDonald 38 Mrs Barbara Arnison 40 Mr Michael Bryce AM AE 42 Mr Stuart McCosker 44 Bachelors and Widowers 46 [1] Governor’s Foreword arly in 2014, Kaye was invited to speak at the official opening of the Annual EForum on Women and Homelessness, hosted by The Lady Musgrave Trust. -
Section 1 Right of Abode 1. Introduction
CHAPTER 1 – SECTION 1 RIGHT OF ABODE CONTENTS 1. INTRODUCTION 2. RESTRICTIONS ON EXERCISE OF THE RIGHT OF ABODE 3. ON ENTRY 3.1. Further guidance 3.2. Procedure 3.3. Refusal of entry 3.4. Right of appeal and corresponding refusal form 4. AFTER ENTRY 4.1. Claiming the right of abode 4.2. Further guidance 4.3. Procedure when claim to right of abode upheld 4.4. Certificates of entitlement to the right of abode 4.5. Fees 4.6. Refusal 4.7. Revocation of certificate of entitlement 4.8. Right of Appeal ANNEX A - GUIDANCE - GENERAL 1. LEGISLATION 2. PERSONS ENTITLED TO THE RIGHT OF ABODE 2.1. Who qualified before 1 January 1983? 2.2. Who qualified on or after 1 January 1983? 2.3. What is/was the effect of renunciation of British citizenship or CUKU status in right of abode terms? 3. EVIDENCE OF RIGHT OF ABODE 4. UNCERTAIN CASES 5. CERTIFICATES OF ENTITLEMENT ISSUED IN ERROR 6. RESTRICTION ON EXERCISE OF RIGHT OF ABODE IN SOME CASES 7. DEPRIVATION OF RIGHT OF ABODE ANNEX B - ESTABLISHING NATIONALITY STATUS AND REFERRAL TO NATIONALITY QUALITY AND ENQUIRY TEAM, LIVERPOOL 1. INTRODUCTION 2. DUAL NATIONALS 3. FORMER BRITISH COLONIES 4. RENUNCIATION OF CITIZENSHIP OF THE UNITED KINGDOM AND COLONIES OR BRITISH CITIZENSHIP 5. REFERRAL OF CASES/CORRESPONDENCE TO NATIONALITY QUALITY AND ENQUIRY TEAM 5.1. Cases involving nationality enquiries which may not need to be referred to NQET 5.2. Leaflets ANNEX C - LISTS OF: FORMER BRITISH DEPENDENCIES; AND EXISTING BRITISH DEPENDENT TERRITORIES 1. FORMER BRITISH DEPENDENCIES WHICH HAVE GAINED INDEPENDENCE SINCE 1 JANUARY 1949 2. -
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. -
R (On the Application of Johnson) (Appellant) V Secretary of State for the Home Department (Respondent)
Michaelmas Term [2016] UKSC 56 On appeal from: [2016] EWCA Civ 22 JUDGMENT R (on the application of Johnson) (Appellant) v Secretary of State for the Home Department (Respondent) before Lady Hale, Deputy President Lord Kerr Lord Reed Lord Hughes Lord Toulson JUDGMENT GIVEN ON 19 October 2016 Heard on 25 and 26 July 2016 Appellant Respondent Hugh Southey QC Tim Eicke QC Paul Turner Edward Brown (Instructed by Barnes (Instructed by The Harrild and Dyer) Government Legal Department) LADY HALE: (with whom Lord Kerr, Lord Reed, Lord Hughes and Lord Toulson agree) 1. The fundamental issue in this case is a simple one. Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non-British mother simply because they were not married to one another at the time of his birth or at any time thereafter? If the parents had been married to one another, their child would have been a British citizen. If the mother had been British and the father non-British, their child would have been a British citizen. If the child had been born after 1 July 2006 he would have been a British citizen. The child is not responsible for the marital status of his parents or the date of his birth, yet it is he who suffers the consequences. 2. There are many benefits to being a British citizen, among them the right to vote, the right to live and to work here without needing permission to do so, and everything that comes along with those rights.