The Theory of Sovereignty and the Importance of the Crown in the Realms of the Queen

Oxford University Commonwealth Law Journal, Vol. 2, 2002

20 Pages Posted: 18 Aug 2003

Abstract

As a general rule, in those countries which acknowledge Elizabeth II as Queen, the legal and political entity known as the Crown is legally important because it holds the conceptual place held by the State in those legal systems derived from or influenced by the Roman civil law. Not only does the Crown provide a legal basis for governmental action, but it provides much of the legal and some of the political legitimacy for such action.

At the most abstract level, the absence of an accepted concept of the State in England required the Crown to assume the function of source of governmental authority. This might be called the conceptual or symbolic role of the Crown. This tradition has been followed in New Zealand, as it has everywhere the Crown has been established.

The physical absence of the person of the monarch prevented an undue emphasis upon personality, and encouraged the development a more conceptual - if not principled - view of the Crown.

Keywords: Crown, sovereignty, Commonwealth, monarchy

JEL Classification: K19

Suggested Citation

Cox, Noel S.B., The Theory of Sovereignty and the Importance of the Crown in the Realms of the Queen. Oxford University Commonwealth Law Journal, Vol. 2, 2002, Available at SSRN: https://ssrn.com/abstract=420662 or http://dx.doi.org/10.2139/ssrn.420662

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
239
Abstract Views
2,334
Rank
232,687
PlumX Metrics