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: Suggested Citation