In English jurisprudence, the Crown is the state in all its aspects.
In countries that do not have a monarchy, the concept may be expressed as "the State"
or "the People", or some political entity, such as "the United States", "the Commonwealth"
or "the State of [name]".
Legally, the Crown is a corporation sole that, in the Commonwealth realms, Crown dependencies
and any of its provincial or state sub-divisions, represents the legal embodiment of executive,
legislative, or judicial governance.
It evolved first in the United Kingdom as a separation of the literal crown and property
of the nation state from the person and personal property of the monarch.
The concept spread through British colonisation, and is now rooted in the legal lexicon of
the other 15 independent realms.
In this context it should not be confused with any physical crown, such as those of
the British state regalia.
The term is also found in expressions such as crown land, which some countries refer
to as public land or state land, as well as in some offices such as Minister of the Crown,
Crown attorney and Crown prosecutor.
Origins The concept of the Crown took form under the
feudal system.
Though not used this way in all countries that had this system, in England all rights
and privileges were ultimately bestowed by the ruler.
Land, for instance, was granted by the Crown to lords in exchange for feudal services and
they, in turn, granted the land to lesser lords.
One exception to this was common socage—owners of land held as socage held it subject only
to the Crown.
The Crown as ultimate owner of all property also owns any property which has become bona
vacantia.
Divisibility of the Crown Historically, the Crown was considered to
be indivisible.
Two judgments, Ex parte Indian Association of Alberta and Ex parte Quark challenged that
view, and today the Crown is considered separate in every country, province, state or territory
that acknowledges the Queen as head of state, regardless of its degree of independence,
once a government is established.
The Lords of Appeal wrote, "The Queen is as much the Queen of New South Wales and Mauritius
and other territories acknowledging her as head of state as she is of England and Wales,
Scotland, Northern Ireland or the United Kingdom.".
Commonwealth realms The Crown in each of the Commonwealth realms
is a similar but separate legal concept.
To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth
law employs the expression the Crown in right of [place]; for example, the Crown in right
of the United Kingdom, the Crown in right of Canada, the Crown in right of the Commonwealth
of Australia, etc.
Because both Canada and Australia are federations, there are also Crowns in right of each Canadian
province and each Australian state.
The Crown's powers are exercised, either by the monarch personally or by his or her representative
in each jurisdiction, on the advice of the appropriate local minister, legislature, or
judges, none of which may advise the Crown on any matter pertinent to another of the
Crown's jurisdictions.
Crown Dependencies In Jersey, statements by the Law Officers
of the Crown define the Crown's operation in that jurisdiction as the Crown in right
of Jersey, with all Crown land in the Bailiwick of Jersey belonging to the Crown in right
of Jersey and not to the Crown Estate of the United Kingdom.
The Succession to the Crown Law 2013 defined the Crown, for the purposes of implementing
the Perth Agreement in Jersey law, as the Crown in right of the Bailiwick of Jersey.
Legislation in the Isle of Man also defines the Crown in right of the Isle of Man as being
separate from the Crown in right of the United Kingdom.
In Guernsey, legislation refers to the Crown in right of the Bailiwick, and the Law Officers
of the Crown of Guernsey submitted that "[t]he Crown in this context ordinarily means the
Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the
collective governmental and civic institutions, established by and under the authority of
the Monarch, for the governance of these Islands, including the States of Guernsey and legislatures
in the other Islands, the Royal Court and other courts, the Lieutenant Governor, Parish
authorities, and the Crown acting in and through the Privy Council."
This constitutional concept is also worded as the Crown in right of the Bailiwick of
Guernsey.
British Overseas Territories Following the Lords' decision in Ex parte
Quark, 2005, it is held that the Queen in exercising her authority over British Overseas
Territories does not act on the advice on the government of the UK, but in her role
as Queen of each territory, with the exception of fulfilling the UK's international responsibilities
for its territories.
The reserve powers of the Crown for each territory are no longer considered to be exercisable
on the advice of the UK government.
In order to comply with the court's decision, the territorial governors now act on the advice
of each territory's executive and the UK government can no longer disallow legislation passed
by territorial legislatures.
In the courts In criminal proceedings, the state is the
prosecuting party and is usually designated on the title or name of a case as "R v" - where
R can stand for either Rex or Regina versus the defendant; for example, a criminal case
against Smith might be referred to as R v Smith, and verbally read as "the Crown against
Smith".
In Scotland, criminal prosecutions are undertaken by the Lord Advocate in the name of the Crown.
Accordingly, the abbreviation HMA is used in the High Court of Justiciary for "His/Her
Majesty's Advocate" in place of Rex or Regina, as in HMA v Al Megrahi and Fahima.
In Australia, each State uses R in the title of criminal cases and The Queen in criminal
appeal cases.
Judges usually refer to the prosecuting party as simply "the prosecution" in the text of
judgments.
In civil cases where the Crown is a party, it is a customary to list the appropriate
government Minister as the party instead.
In New Zealand court reporting, news reports will refer to the prosecuting lawyer as representing
the Crown, usages such as "For the Crown, Joe Bloggs argued..."
being common.
This practice of using the seat of sovereignty as the injured party is analogous with criminal
cases in the United States, where the format is "the People" or "the State v. [defendant]"
under the doctrine of popular sovereignty.
In Federal criminal cases, it is "United States v. [defendant]," as in United States v. Nixon.
The Crown can also be a plaintiff or defendant in civil actions to which the government of
the Commonwealth realm in question is a party.
Such Crown proceedings are often subject to specific rules and limitations, such as the
enforcement of judgments against the Crown.
See also Crown land
Crown copyright Crown corporation
Crown Court Crown Estate
Royal Prerogative Imperial Crown § Legal usage
References