Regency in the Realms – Dealing with an Incapacitated or under Age Monarch
Public Law Review, Vol. 27, No. 3, pp. 198-217, 2016
29 Pages Posted: 6 Jan 2017
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: Suggested Citation