Misplaced Pages

#786213

100-896: Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes. Criminal prosecutions pursuant to federal statutes other than the Criminal Code, such as the Controlled Drugs and Substances Act , the Income Tax Act , and others, are generally (but not exclusively) conducted by the Public Prosecution Service of Canada , which also handles most narcotic case outside of Quebec and New Brunswick. There are similarities between this role and

200-541: A collegium dedicated to managing the streets, and had a centuriate assembly dedicated to them. The carnifex punished slaves and foreigners, unlike lictores who punished Romans. They were the tax collectors. The name coactor is derived from its latin meaning: "to compel, to force". SImilary to accensi, lictores were public officers tasked to assist magistrates since the times of the Roman kingdom (753 BC – 509 BC) or even earlier Etruscan times. The number of lictores

300-907: A competitive examination for the Central Superior Services of Pakistan and other civil-service posts; Pakistan inherited this system from the British Raj -era Indian Civil Service . Pakistan has federal civil servants serving in federal government offices, with staff selected through the Federal Public Service Commission. Similarly, Pakistani provinces select their own public servants through provincial Public Service Commissions. The federal services have some quota against provincial posts, while provincial services have some quota in federal services. The ROC constitution specifies that public servant cannot be employed without examination. The employment

400-783: A public servant or public employee , is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in

500-461: A clear division between staff responsible for routine ("mechanical") work, and those engaged in policy formulation and implementation in an "administrative" class. The report was well-timed, because bureaucratic chaos during the Crimean War was causing a clamour for the change. The report's conclusions were immediately implemented, and a permanent, unified and politically neutral civil service

600-480: A crown in heraldry and other imagery such as cap badges , uniforms, government logos and elsewhere. The heraldic crown is chosen by the reigning monarch. From 1661 to the reign of Queen Victoria , an image of St Edward's Crown was used. The early part of Victoria's reign depicted the Imperial State Crown created for her coronation , while a Tudor Crown began to be used from the 1860s. In 1901,

700-468: A greater chance to pass the exams and obtain an official degree. This included the employment of a bureau of copyists who would rewrite all of the candidates' exams in order to mask their handwriting and thus prevent favoritism by graders of the exams who might otherwise recognize a candidate's handwriting. The advent of widespread printing in the Song period allowed many more examination candidates access to

800-401: A magistrate had was proportional to status. Lictores were in charge of punishing Roman citizens. They were generally employed to make announcements in public and crowds. The scriba were civil servants working as public notaries as well as general bureaucracy. Greek cities had a similar figure, however the job was done by slaves. In the 18th century, in response to economic changes and

900-415: A merchant. This was because the mercantile class was traditionally regarded with some disdain by the scholar-official class. This class of state bureaucrats in the Song period were far less aristocratic than their Tang predecessors. The examinations were carefully structured in order to ensure that people of lesser means than what was available to candidates born into wealthy, landowning families were given

1000-471: A much smaller scale in comparison to the stronger, centralized bureaucracy of the Song dynasty (960–1279). In response to the regional military rule of jiedushi and the loss of civil authority during the late Tang period and Five Dynasties (907–960), the Song emperors were eager to implement a system where civil officials would owe their social prestige to the central court and gain their salaries strictly from

1100-454: A network of other institutions of a similar nature." Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries

SECTION 10

#1732775729787

1200-477: A new category of recommended candidates for the mandarinate in AD 605. The following Tang dynasty (618–907) adopted the same measures for drafting officials, and decreasingly relied on aristocratic recommendations and more and more on promotion based on the results of written examinations. The structure of the examination system was extensively expanded during the reign of Wu Zetian . The system reached its apogee during

1300-408: A profound literati and dramatist that it would not be far-fetched to regard him as China's answer to William Shakespeare. In the late 19th century, however, the system increasingly engendered internal dissatisfaction, and was criticized as not reflecting candidates' ability to govern well, and for giving undue weight to style over content and originality of thought. Indeed, long before its abandonment,

1400-744: A state's civil servants form its civil service or public service. The concept arose in China and modern civil service developed in Britain in the 18th century. An international civil servant or international staff member is a civilian employee who is employed by an intergovernmental organization . These international civil servants do not resort under any national legislation (from which they have immunity of jurisdiction ) but are governed by internal staff regulations. All disputes related to international civil service are brought before special tribunals created by these international organizations such as, for instance,

1500-461: A word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state." Lord Simon of Glaisdale stated: The crown as an object is a piece of jewelled headgear under guard at the Tower of London . But it symbolizes the powers of government which were formerly wielded by the wearer of the crown   ... The term "the Crown"

1600-446: Is "the state"." Historically, the Crown was considered to be indivisible. Two judgments— Ex parte Indian Association of Alberta ( EWCA , 1982) and Ex parte Quark ( House of Lords , 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on

1700-496: Is carried out by the civil servants employed in the various government departments." This interpretation was supported by section 8 of the Pensions (Colonial Service) Act 1887 ( 50 & 51 Vict. c. 13), which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning. The Crown was first defined as an 'imperial' crown during

1800-513: Is not to be confused with any physical crown , such as those of the British regalia . The term is also found in various 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 . The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of

1900-656: Is obligated to act according to the law and is guided by public policy pronouncements. The Common Statute of Civil Servants is the primary legislative framework for the Civil Service in Cambodia. One of the oldest examples of a civil service based on meritocracy is the Imperial bureaucracy of China, which can be traced as far back as the Qin dynasty (221–207 BC). However, the civil service examinations were practiced on

2000-494: Is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through

2100-403: Is therefore used in constitutional law to denote the collection of such of those powers as remain extant (the royal prerogative ), together with such other powers as have been expressly conferred by statute on "the Crown". Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government

SECTION 20

#1732775729787

2200-915: Is usually lifelong (that is, until age about retirement). The civil service in France ( fonction publique ) is often incorrectly considered to include all government employees including employees of public corporations, such as SNCF . Public sector employment is classified into three services; State service, Local service and Hospital service. According to government statistics there were 5.5 million public sector employees in 2011. The Public Service in Germany ( Öffentlicher Dienst ) employed 4.6 million persons as of 2011 . Public servants are organized into hired salaried employees ( Arbeitnehmer ), appointed civil servants ( Beamte ), judges, and soldiers. They are employed by public bodies ( Körperschaften des öffentlichen Rechts ), such as counties ( Kreise ) , states ,

2300-802: The Civil Services Examination (CSE) or the Engineering Services Examination (ESE) among others, conducted by the Union Public Service Commission (UPSC). Additionally, there are also State Services . The state civil servants are selected through an examination conducted by state public service commissions. State civil servants serve at the pleasure of the Governor. In Pakistan the FPSC (Federal Public Service Commission) conducts

2400-621: The Common Informers Act 1951 ended the practice of allowing such suits by common informers. The term "Crown forces" has been used by Irish republicans and nationalists , including members of paramilitary groups, to refer to British security forces which operate in Ireland . The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and

2500-527: The Commonwealth . The Pendleton Civil Service Reform Act established a modern civil service in the United States, and by the turn of the 20th century almost all Western governments had implemented similar reforms... Brazil started to move away from a patronage based public service starting in the second half of the 19th century, but written tests and merit only became the norm towards the end of

2600-611: The Confucian classics . After the fall of the Han dynasty, the Chinese bureaucracy regressed into a semi-merit system known as the nine-rank system . This system was reversed during the short-lived Sui dynasty (581–618), which initiated a civil service bureaucracy recruited through written examinations and recommendation. The first civil service examination system was established by Emperor Wen of Sui . Emperor Yang of Sui established

2700-747: The Confucian texts whose mastery was required for passing the exams. Hong Kong and Macau have separate civil service systems: In India, civil servants are selected as per the Constitution of India . Civil servants serve at the pleasure of the President of India . The civil services of India can be classified into two types—the All India Services and the Central Civil Services (Group A and B). The recruits are university graduates selected through three phase exams such as

2800-536: The Copyright, Designs and Patents Act 1988 made an exception for 'any right or privilege of the Crown' not written in an act of parliament, thus preserving the rights of the Crown under the unwritten royal prerogative. In addition, use of images of the crowns for commercial purposes is specifically restricted in the UK (and in countries which are party to the Paris Convention ) under sections 4 and 99 of

2900-626: The Hatch Act of 1939 , civil servants are not allowed to engage in political activities while performing their duties. The U.S. civil service includes the competitive service and the excepted service . The majority of civil service appointments in the U.S. are made under the competitive service, but the Foreign Service , the FBI , and other National Security positions are made under the excepted service. (U.S. Code Title V) As of January 2007,

3000-486: The Indian Rebellion of 1857 which came close to toppling British rule in the country. The Northcote–Trevelyan model remained essentially stable for a hundred years. This was a tribute to its success in removing corruption, delivering public services (even under the stress of two world wars), and responding effectively to political change. It also had a great international influence and was adapted by members of

3100-504: The New Policies reform package. The Chinese system was often admired by European commentators from the 16th century onward. However, the Chinese imperial examination system was hardly universally admired by all Europeans who knew of it. In a debate in the unelected chamber of the UK parliament on March 13, 1854, John Browne 'pointed out [clearly with some disdain] that the only precedent for appointing civil servants by literary exams

Crown attorney - Misplaced Pages Continue

3200-499: The Northcote–Trevelyan Report of 1854 made four principal recommendations: that recruitment should be on the basis of merit determined through competitive examination, that candidates should have a solid general education to enable inter-departmental transfers, that recruits should be graded into a hierarchy and that promotion should be through achievement, rather than "preferment, patronage or purchase". It also recommended

3300-788: The Trade Marks Act 1994 , and their use is governed by the Lord Chamberlain's Office . It is also an offence under Section 12 of the Trade Descriptions Act 1968 to give a false indication that any goods or services are supplied to the monarch or any member of the royal family. Civil service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service official , also known as

3400-588: The federal government , etc. In addition to employees directly employed by the state another 1.6 million persons are employed by state owned enterprises Beamte has been a title for government employees for several centuries in German states, but became a standardized group in 1794. Soldiers other than conscripted soldiers are not Beamte but have similar rights. Judges are not Beamte but have similar rights too. Public attorneys are all Beamte, whereas most (but not all) professors are Beamte. The group of Beamte have

3500-667: The procurator fiscal in Scotland , crown prosecutor in England and Wales and United States Attorney or district attorney in the United States . Crown attorneys are not elected. They are civil servants and may be removed from their positions pursuant to their employment agreements. Although the enactment of criminal law is under federal jurisdiction in Canada, the prosecution of most Criminal Code offences—outside of Yukon,

3600-422: The republic , and workers in government-owned corporations . Career civil servants (not temporary workers or politicians) are hired only externally on the basis of entrance examinations ( Portuguese : concurso público ). It usually consists of a written test; some posts may require physical tests (such as policemen), or oral tests (such as professors, judges, prosecutors and attorneys). The rank according to

3700-619: The state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies , overseas territories , provinces , or states ). The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law ; or to the functions of executive (the Crown- in-council ), legislative (the Crown-in- parliament ), and judicial (the Crown on

3800-421: The 13th century. The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions. Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch. When the kingdom of England merged with those of Scotland and Ireland , the concept extended into

3900-513: The 1930s, as a result from reforms introduced during Getúlio Vargas first term as the nation's President. Civil servants in Brazil ( Portuguese : servidores públicos ) are those working in the executive , legislative , and judicial branches of the Federal , state , Federal District or municipal governments, including congressmen , senators , mayors , ministers , the president of

4000-882: The Administrative Tribunal of the ILO . Specific referral can be made to the International Civil Service Commission (ICSC) of the United Nations , an independent expert body established by the United Nations General Assembly . Its mandate is to regulate and coordinate the conditions of service of staff in the United Nations common system, while promoting and maintaining high standards in the international civil service. The origin of

4100-656: The Attorney General's office, hire assistant crown attorneys to further staff the office and prosecute offences. In this respect, Ontario functions similar to the US system of district attorneys and assistant district attorneys , although within the aspects of the Canadian legal system. As crown attorneys are not elected, the Canadian prosecutorial system is often seen as less politically motivated than other systems. The Crown The Crown broadly represents

Crown attorney - Misplaced Pages Continue

4200-855: 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 (Jersey) 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

4300-590: 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 . When referring to

4400-534: The Crown is used to mostly mean the authority of government; its meaning changes in different contexts. In the context of people considering the claims and settlements related to the Treaty of Waitangi , professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government." In the Bailiwick of Guernsey , legislation refers to

4500-494: The Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to". Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define", while William Wade stated the Crown "means simply the Queen". Warren J. Newman described the Crown is "a useful and convenient means of conveying, in

4600-403: The Crown in Right of the Bailiwick of Guernsey or the Crown in Right of the Bailiwick and the law officers of the Crown of Guernsey submitted that, "the 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

4700-618: The Crown in Right of the United Kingdom. Following the Lords' decision in Ex parte Quark , 2005, it is held that the King, in exercising his authority over British Overseas Territories , does not act on the advice of the Cabinet of the United Kingdom , but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with

4800-402: The Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities". The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers , legislature, or judges, none of which may advise the Crown in any other realm. In New Zealand, the term

4900-497: The Crown's legal personality is usually regarded as a corporation sole , it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community". J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to

5000-443: The Crown; usages such as, "for the Crown, Joe Bloggs argued", being common. 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. Qui tam lawsuits on behalf of the Crown were once common, but have been unusual since

5100-488: The European Union , where "Miller" is Gina Miller , a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller . Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union . In Scotland , criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal ) in

SECTION 50

#1732775729787

5200-561: The Government and People of China , published in 1847, that "the long duration of the Chinese empire is solely and altogether owing to the good government which consists in the advancement of men of talent and merit only", and that the British must reform their civil service by making the institution meritocratic. On the other hand, John Browne, in the 1854 debate mentioned above, 'argued that elegant writing had become an end in itself, and

5300-606: The Northwest Territories, and Nunavut—is the responsibility of the provincial Attorneys General and their lawful deputies by virtue of the "interpretation" section of the Criminal Code. As a result, the vast majority of crown attorneys are employed by Canada's ten provinces. Lawyers who act on civil or administrative matters for the provincial Crown are not referred to as crown attorneys ( Senior General Counsel , general counsel ), or simply crown counsel although both criminal and civil attorneys generally report to

5400-521: The Song dynasty. In theory, the Chinese civil service system provided one of the main avenues for social mobility in Chinese society, although in practice, due to the time-consuming nature of the study, the examination was generally only taken by sons of the landed gentry. The examination tested the candidate's memorization of the Nine Classics of Confucianism and his ability to compose poetry using fixed and traditional forms and calligraphy . It

5500-691: The Troubles . As noted by Irish republican Danny Morrison , "[t]he term 'security forces' suggests legitimacy , which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority." Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative". The Crown is represented by the image of

5600-513: The Tudor Crown design was standardised and continued in use until the reign of Elizabeth II in 1952 when a heraldic St Edward's Crown was restored. In 2022, Charles III opted for a modified Tudor Crown design. Crown copyright applies in perpetuity to depictions of the Royal Arms and any of its constituent parts under the royal prerogative , and The National Archives restricts rights to reproduce them. Although Crown Copyright usually expires 50 years after publication, Section 171(b) of

5700-448: The UK, a civil servant is a public servant but a public servant is not necessarily a civil servant. The study of the civil service is a part of the field of public service (and in some countries there is no distinction between the two). Staff members in "non-departmental public bodies" (sometimes called " QUANGOs ") may also be classed as civil servants for the purpose of statistics and possibly for their terms and conditions. Collectively

5800-400: The abbreviation R (i.e. the case name at trial would be R v Smith ; if the defendant appeals against the Crown, the case name would be Smith v The King ). In Western Australia and Tasmania , prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith ). Victorian trials in the original jurisdiction will be brought in

5900-405: The appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen ). In reporting on court proceedings in New Zealand , news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing

6000-466: The bench) governance and the civil service . The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It

6100-413: The body politic (which never dies). The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder". The terms the state , the Crown , the Crown in Right of [jurisdiction] , His Majesty the King in Right of [jurisdiction] , and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as

SECTION 60

#1732775729787

6200-489: The bureaucracy were based on the patronage of aristocrats ; During the Han dynasty , Emperor Wu of Han established the xiaolian system of recommendation by superiors for appointments to office. In the areas of administration, especially the military, appointments were based solely on merit. This was an early form of the imperial examinations, transitioning from inheritance and patronage to merit, in which local officials would select candidates to take part in an examination of

6300-399: The central government. This ideal was not fully achieved since many scholar officials were affluent landowners and were engaged in many anonymous business affairs in an age of economic revolution in China . Nonetheless, gaining a degree through three levels of examination—prefectural exams, provincial exams, and the prestigious palace exams—was a far more desirable goal in society than becoming

6400-488: The company's territories in India. "The proposal for establishing this college came, significantly, from members of the East India Company's trading post in Canton, China." Examinations for the Indian "civil service"—a term coined by the Company—were introduced in 1829. British efforts at reform were influenced by the imperial examinations system and meritocratic system of China. Thomas Taylor Meadows, Britain's consul in Guangzhou , China argued in his Desultory Notes on

6500-408: The copyright for government publications ( Crown copyright ). This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers. The Crown also represents the legal embodiment of executive, legislative , and judicial governance. While

6600-421: 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 criminal proceedings , the state is the prosecuting party; the case is usually designated (in case citation ) as R v [ defendant ] , where R can stand for either rex (if the current monarch is male) or regina (if

6700-407: The courts, they escorted the magistrate and acted as heralds. They also helped in writing edicts and laws . It is also possible they were messengers and orderlies . The Accensi Velati were non military participants of military campaigns. They probably assisted clerks, accountants, supply officials, and aides. The y also assisted religious affairs especially the Feriae Latinae , formed

6800-435: The eighteenth century a number of Englishmen wrote in praise of the Chinese examination system, some of them going so far as to urge the adoption for England of something similar. The first concrete step in this direction was taken by the British East India Company in 1806." In that year, the Honourable East India Company established a college, the East India Company College , near London to train and examine administrators of

6900-463: The examination score is used for filling the vacancies. Entrance examinations are conducted by several institutions with a government mandate, such as CESPE (which belongs to the University of Brasília ) and the Cesgranrio Foundation (which is part of the Federal University of Rio de Janeiro ). The labor laws and social insurance for civil servants are different from private workers; even between government branches (like different states or cities),

7000-427: The federal government workforce is employed in this region. As of 2014, there are currently 15 federal executive branch agencies and hundreds of subagencies. In the early 20th century, most cities in the US had a spoils system. Over the next few decades, the spoils system was replaced with a civil service system. U.S. state and local government entities often have competitive civil service systems that are modeled on

7100-402: The federal government, excluding the Postal Service, employed about 1.8 million civilian workers. The federal government is the nation's single largest employer, although it employs only about 12% of all government employees, compared to 24% at the state level and 63% at the local level. Although most federal agencies are based in the Washington, D.C. region, only about 16% (or about 284,000) of

7200-490: 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". In the Bailiwick of 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

7300-420: The government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant . The titles of these cases now follow the pattern of R (on the application of [X]) v [Y] , notated as R ([X]) v [Y] , for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting

7400-572: The growth of the British Empire , the bureaucracy of institutions such as the Office of Works and the Navy Board greatly expanded. Each had its own system, but in general, staff were appointed through patronage or outright purchase. By the 19th century, it became increasingly clear that these arrangements were falling short. "The origins of the British civil service are better known. During

7500-440: The law and insurance differ. The posts usually are ranked by titles, the most common are technician for high school literates and analyst for undergraduates. There's also higher post ranks like auditor, fiscal, chief of police, prosecutor, judge, attorney, etc. The law does not allow servants to upgrade or downgrade posts internally; they need to be selected in separate external entrance examinations. Historians have explored

7600-466: The legal lexicons of the United Kingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms . There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country. However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms. In each Commonwealth realm,

7700-589: The modern meritocratic civil service can be traced back to imperial examination founded in Imperial China . The imperial exam based on merit was designed to select the best administrative officials for the state's bureaucracy. This system had a huge influence on both society and culture in Imperial China and was directly responsible for the creation of a class of scholar-bureaucrats irrespective of their family pedigree. Originally appointments to

7800-405: The monarch is female), and the v stands for versus . For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown and Smith". The Crown is, in general, immune to prosecution and civil lawsuits . So, R is rarely (albeit sometimes ) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by

7900-610: The most secure employment, and the amount they are paid is set by national pay regulations ( Besoldungsordnungen ). Beamte are prohibited from striking . Arbeitnehmer have work contracts, whereas Beamte are appointed, employed, and removed in accordance with the Public Sector Service and Loyalty law ( öffentlich-rechtliches Dienst- und Treueverhältnis ). Most tasks can be either done by Arbeitnehmer or Beamte , however some specific tasks of official nature are supposed to be handled by Beamte since they are subject to

8000-400: The name of the director of public prosecutions . The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. 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 body politic (e.g. State of Queensland or Commonwealth of Australia ) or

8100-517: 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 . Most jurisdictions in Australia use R or The King (or The Queen ) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using

8200-529: The national system, in varying degrees. The Civil Service ( Malay : Perkhidmatan Awam ) of Brunei. The role of the civil service is as the government's administrative machinery to uphold the supreme authority of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, uphold the National Philosophy – MIB, Melayu Islam Beraja, ensure the development of the country and ensure the welfare of

8300-461: The notion of the imperial system as a route to social mobility was somewhat mythical. In Tang's magnum opus, The Peony Pavilion, sc 13, Leaving Home, the male lead, Liu Mengmei, laments: "After twenty years of studies, I still have no hope of getting into office", and on this point Tang may be speaking through Liu as his alter ego. The system was finally abolished by the Qing government in 1905 as part of

8400-539: The people as well as its traditional role as the peacekeeper, law enforcer, regulator and service providers. However, the adjudication system is separate from the civil service to maintain its independence and impartiality. The Civil Service ( Khmer : សេវាកម្មស៊ីវិល , Sevakamm Civil ) of Cambodia is the policy implementing arm of the Royal Government of Cambodia . In executing this important role, each civil servant ( Khmer : មន្រ្តីរាជការ , Montrey Reachkar )

8500-624: The pleasure of the president—a person could be fired at any time. The spoils system meant that jobs were used to support the political parties. This was changed in slow stages by the Pendleton Civil Service Reform Act of 1883 and subsequent laws. By 1909, almost two-thirds of the U.S. federal work force was appointed based on merit, that is, qualifications measured by tests. Certain senior civil service positions, including some heads of diplomatic missions and executive agencies, are filled by political appointees . Under

8600-431: The power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. 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." The Crown in each of

8700-724: The powerful role of civil service since the 1840s. In Canada, the civil service at the federal level is known as the Public Service of Canada , with each of the ten provincial governments as well as the three territorial governments also having their own separate civil services. The federal civil service consists of all employees of the crown . Ministers' exempt staff and members of the Royal Canadian Mounted Police or Canadian Armed Forces are not civil servants. There are approximately 357,000 federal civil servants (2023), and more than 350,000 employees at

8800-439: The prosecuted matter is a criminal offence or a provincial offence, crown Attorneys represent and argue on behalf of the Crown . In the province of Ontario, there is only one crown attorney appointed by the Attorney General per judicial district. The crown attorney is charged with supervising the office at the local level, and has a level of autonomy from the Attorney General's office. A crown attorney will then, in consultation with

8900-544: The provincial Attorney-General 's office. Lawyers who work for the Federal Ministry of Justice are often referred to as Crowns even if acting in civil matters. Moreover, lawyers , students-at-law and other persons who only represent the Crown on provincial offences matters (such as municipal by-law enforcement and traffic offences) are referred to as "provincial prosecutors" or "provincial offences attorneys" (POAs) rather than crown attorneys. Regardless of whether

9000-404: The provincial and territorial levels. In the United States, the federal civil service was established in 1871. The Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." ( 5 U.S.C.   § 2101 ). In the early 19th century, government jobs were held at

9100-477: The realm and crown of England, is only to assert that our king is equally sovereign and independent within these his dominions, as any emperor is in his empire; and owes no kind of subjection to any other potentate on earth." 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

9200-580: The reign of Henry VIII in the Ecclesiastical Appeals Act 1532 which declared that 'this realm of England is an empire   ... governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same'. In William Blackstone 's 1765 Commentaries on the Laws of England , he explained that "the meaning therefore of the legislature, when it uses these terms of empire and imperial , and applies them to

9300-439: The relevant jurisdiction's name. (In countries using systems of government derived from Roman civil law , the state is the equivalent concept. ) However, the terms the sovereign or monarch and the Crown , though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally , its functions are exercised in

9400-398: 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. When such lands become ownerless, they are said to escheat ; i.e. return to direct ownership of the Crown ( Crown land ). Bona vacantia

9500-522: The sovereign's name by ministers of the Crown drawn from and responsible to the elected chamber of parliament . Still, the king or queen is the employer of all government officials and staff (including the viceroys , judges, members of the armed forces, police officers, and parliamentarians), the guardian of foster children ( Crown wards ), as well as the owner of all state lands ( Crown land ), buildings and equipment (Crown property), state-owned companies (Crown corporations or Crown entities ), and

9600-568: The stultifying effect of this on the Chinese civil service had contributed in no small measure to China's failure to develop its early lead over Western civilisations': Coolican, p. 107. In 1853 the Chancellor of the Exchequer William Gladstone , commissioned Sir Stafford Northcote and Charles Trevelyan to look into the operation and organisation of the Civil Service. Influenced by the Chinese imperial examinations,

9700-416: The term the Crown , at its broadest, now means the government or the polity known as the state , while the sovereign in all realms is the living embodiment of the state, or symbolic personification of the Crown. The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and

9800-496: Was ideally suited to literary candidates. Thus, toward the end of the Ming Dynasty, the system attracted the candidature of Tang Xianzu (1550–1616). Tang at 14 passed the imperial examination at the county level; and at 21, he did so at the provincial level; but not until he was 34 did he pass at the national level. However, he had already become a well-known poet at age 12, and among other things he went on to such distinction as

9900-661: Was introduced as Her Majesty's Civil Service . A Civil Service Commission was also set up in 1855 to oversee open recruitment and end patronage, and most of the other Northcote–Trevelyan recommendations were implemented over some years. The same model, the Imperial Civil Service , was implemented in British India from 1858, after the demise of the East India Company 's rule in India through

10000-474: Was that of the Chinese government'. The Roman empire (27 BC – AD 395) had several types of civil servants who fulfilled diverse functions in Roman society. They were called apparitores . Accensi were usually professional civil servants, providing assistance to the elected magistrates during their term in office. In the courts, they summoned witnesses, kept track of time, and helped keep order. Outside of

#786213