Regency in the Realms – Dealing with an Incapacitated or under Age Monarch

Public Law Review, Vol. 27, No. 3, pp. 198-217, 2016

Sydney Law School Research Paper No. 17/02

29 Pages Posted: 6 Jan 2017

See all articles by Anne Twomey

Anne Twomey

The University of Sydney - Faculty of Law

Date Written: January 4, 2017

Abstract

Recent changes to succession to the throne of the United Kingdom raised difficult constitutional problems in the various Realms that share Queen Elizabeth II as their Sovereign. Even more complex problems would arise if it became necessary to implement a regency should the current monarch or her successor become incapacitated for a significant period. This is in part due to the fact that the Regency Act 1937 (UK) was enacted after the enactment of the Statute of Westminster 1931, but before the Statute came into force in some of the Dominions. This article discusses the history of the enactment of regency laws in the United Kingdom and then addresses the constitutional issues that would arise if a regency had to be implemented in Canada, New Zealand and Australia.

Keywords: Regency, Royalty, Succession to the Throne, Incapacity, Minority, Crown, Letters Patent, Federalism, Statute of Westminster, British Colonies, Independence

JEL Classification: K10, K30, K33

Suggested Citation

Twomey, Anne, Regency in the Realms – Dealing with an Incapacitated or under Age Monarch (January 4, 2017). Public Law Review, Vol. 27, No. 3, pp. 198-217, 2016, Sydney Law School Research Paper No. 17/02, Available at SSRN: https://ssrn.com/abstract=2893920

Anne Twomey (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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