Misplaced Pages

#138861

131-598: Crown land , also known as royal domain , is a territorial area belonging to the monarch, who personifies the Crown . It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realms , crown land is considered public land and is apart from the monarch's private estate. In Australia, public lands without a specific tenure (e.g. National Park or State Forest) are referred to as Crown land or State Land, which

262-480: 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,

393-663: A formality. After these lines ended in extinction, the electors began to elect kings from different families so that the throne would not once again settle within a single dynasty. All kings elected from 1438 onwards were from among the Habsburg dynasty until 1740, when Austria was inherited by a woman, Maria Theresa , sparking the War of the Austrian Succession and the short-lived rule of a Bavarian Wittelsbach emperor. In 1745, Maria Theresa's husband, Francis I of Lorraine ,

524-402: A great part in the choice. From the sixteenth century on, electors drafted a Wahlkapitulation , or electoral capitulation, which was presented to the king-elect. The capitulation may be described as a contract between the princes and the king, the latter conceding rights and powers to the electors and other princes. Once an individual swore to abide by the electoral capitulation, he assumed

655-506: A major income stream, such as in Alberta . Crown land may also be rented by individuals wishing to build homes or cottages. In the province of Alberta , Crown land, also called public land , is territory registered in the name of "His Majesty the King in right of Alberta as Represented by [specific Minister of the Crown ]" and remains under the administration of the mentioned minister until

786-454: 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

917-461: 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"

1048-446: 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

1179-496: 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

1310-843: Is described as being held in the "right of the Crown" of either an individual State or the Commonwealth of Australia (as Australia is a federation, there is no single "Crown" as legal entity). Most Crown lands in Australia are held by the Crown in the right of a State. The only land held by the Commonwealth consists of land in the Northern Territory (surrendered by South Australia), the Australian Capital Territory, Jervis Bay Territory, and small areas acquired for airports, defence and other government purposes. Each jurisdiction has its own policies towards

1441-449: Is federally controlled, largely in the form of national parks , Indian reserves , or Canadian Forces bases . In contrast, provinces hold much of their territory as provincial Crown land, which may be held as provincial parks or wilderness. Crown land is the equivalent of an entailed estate that passes with the monarchy and cannot be alienated from it; thus, per constitutional convention , these lands cannot be unilaterally sold by

SECTION 10

#1732766103139

1572-457: Is managed by the Ministry of Environment, Energy, and Climate Action. Usage of these lands is for non-economic purposes such as hunting, fishing, trapping, foraging, hiking and bird watching. More than 92% of Quebec's territory is Crown land. This heritage and the natural resources that it contains are developed to contribute to the socioeconomic development of all regions of Quebec. Public land

1703-513: 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

1834-626: Is privately owned. The Ministry of Forests, Lands and Natural Resource Operations issues Crown land tenures and sells Crown land on behalf of the Crown in Right of British Columbia . Approximately 65% of Saskatchewan's land is Crown land. 95% of Newfoundland and Labrador is provincial Crown land. Currently, 48% of New Brunswick's territory is Crown land, used for such things as for conservation projects, resource exploitation , and recreation activities. However, through treaties between First Nations and

1965-494: 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

2096-403: 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

2227-601: Is unknown. A letter written by Pope Urban IV in 1265 suggests that by " immemorial custom ", seven princes had the right to elect the King and future Emperor. The pope wrote that the seven electors were those who had just voted in the election of 1257, which resulted in the election of two kings. The three Archbishops oversaw the most venerable and powerful sees in Germany. Since 1214, the Palatinate and Bavaria were held by

2358-422: Is used for a variety of purposes: forestry, mineral, energy, and wildlife resources; developing natural spaces, including parks for recreation and conservation, ecological preserves, and wildlife refuges and habitats; developing infrastructure for industrial and public utilities purposes as well as for leisure and vacation purposes. The crown lands, crown estate, or royal domain ( domaine royal ) of France refers to

2489-549: The "Golden" Liberty . Eventually the nobility controlled most of the crown lands. People without a formal title of nobility inherited or granted were not allowed to be infeudated with regalities. After the First Partition of Poland crown lands were reformed in 1775, lessening the abuses of the nobility , and the Great Sejm of 1788–1792 decided to put them on sale, to raise funds for reforms and modernisation of

2620-656: The Archbishop of Cologne became Archchancellor of Italy , and the Archbishop of Trier became Archchancellor of Burgundy . The secular electors were granted heraldic augmentations to their coats of arms reflecting their positions in the Household. These augmentations were displayed in three alternative ways: firstly, as an inescutcheon on their coat of arms (as in the case of the Arch-Steward, Treasurer, and Chamberlain); secondly: as dexter impalements (as in

2751-621: 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

SECTION 20

#1732766103139

2882-583: The Congress of Aix-la-Chapelle (1818) , however, and instead listed him with the Grand Dukes as a "Royal Highness". Believing the title of Prince-Elector to be superior in dignity to that of Grand Duke, the Elector of Hesse-Kassel chose to remain an Elector, even though there was no longer a Holy Roman Emperor to elect. Hesse-Kassel remained the only Electorate in Germany until 1866, when the country backed

3013-536: 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

3144-563: The Crown Lands Act , the Lieutenant Governor-in-Council alone has the ability to augment or disperse Crown land and to determine the price of any Crown land being bought or leased. Crown land is used for varying purposes, including agriculture, wind farming , and cottages, while other areas are set aside for research, environmental protection, public recreation, and resource management. Approximately 95% of

3275-464: The Crown in Right of Canada , the provincial Crown grants or denies long-term use of Crown lands by aboriginals, as per the treaties. As of October 2013, of the 5.3 million hectares (13 million acres) of land in Nova Scotia , approximately 1.53 million hectares (3.8 million acres or about 29% of the province) is designated as Crown land. Crown land is owned by the province and managed by

3406-804: The Duke of Württemberg , the Margrave of Baden , the Landgrave of Hesse-Kassel , and the Duke of Salzburg , bringing the total number of electors to ten. When Austria annexed Salzburg under the Treaty of Pressburg (1805) , the Duke of Salzburg moved to the Grand Duchy of Würzburg and retained his electorate. None of the new electors, however, had an opportunity to cast votes, as the Holy Roman Empire

3537-663: The Hawaii Supreme Court 's holding that the federally enacted Apology Resolution of 1993 bars the State of Hawaii from selling to third parties any land held in public trust until the claims of Native Hawaiians to the lands have been resolved. The Court first held that it had jurisdiction to review the Hawaii Supreme Court's opinion because it rested on the Apology Resolution. It then found

3668-586: The Holy Roman Empire . The French monarchy eventually became hereditary , but the Holy Roman Emperors remained elective. While all free men originally exercised the right to vote in such elections, suffrage eventually came to be limited to the leading men of the realm. In the election of Lothar III in 1125, a small number of eminent nobles chose the monarch and then submitted him to the remaining magnates for their approbation. Soon,

3799-610: The Kinh ethnic group did not make up the majority. Later it became a type of administrative unit of the State of Vietnam . It was officially established on 15 April 1950 and dissolved on 11 March 1955. In the areas of the Domain of the Crown, Chief of State Bảo Đại was still officially (and legally) titled as the "Emperor of the Nguyễn dynasty". The Crown The Crown broadly represents

3930-640: The Lands of the Crown of Saint Stephen ( Transleithania ); ruled in real union with the remaining Austrian crown lands (officially: "The Kingdoms and Lands represented in the Imperial Council ") of Cisleithania until the disintegration of the dual monarchy in 1918. The medieval European state of the Crown of Bohemia , which was an electorate of the Holy Roman Empire , consisted of crown lands: Kingdom of Bohemia , Margraviate of Moravia , Duchies of Silesia , Upper and Lower Lusatia . When it

4061-671: The National Housing Corporation . The Government did not allow private ownership of Barbados' 97 kilometres (60 mi) of coastal beaches in the country, and all areas below the high-tide watermark in the country were considered specifically as "Crown land". After 30 November 2021, Barbados had transitioned to a republic , replacing the Monarchy of Barbados with a president as head of state. This caused all crown lands to become state lands instead. Effectively in practice, however, functions of state lands remained

Crown land - Misplaced Pages Continue

4192-615: 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. Prince-elector From the 13th century onwards, a small group of prince-electors gained the privilege of electing

4323-540: The change of status of the territory . In Polish-Lithuanian Commonwealth crown lands were known as królewszczyzny which translates to regality or royal land . In the Kingdom of Poland under the rules of Piast then Jagiellonian dynasties the institution of crown lands was similar to those in Great Britain or Austria-Hungary : the lands were the property of the monarch or dynasty. Beginning in 15th century

4454-408: The federal Crown . About 89% of Canada's land area (8,886,356 km or 3,431,041 sq mi) is Crown land: 41% is federal crown land and 48% is provincial crown land. The remaining 11% is privately owned. Most federal Crown land is in the territories ( Northwest Territories , Nunavut , and Yukon ) and is administered by Indigenous and Northern Affairs Canada . Only 4% of land in the provinces

4585-619: 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

4716-421: 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

4847-682: The Arch-Treasurer by the Hereditary Treasurer (the Count of Sinzendorf ). After 1803, the Duke of Württemberg as Arch-Bannerbearer assigned the count of Zeppelin- Aschhausen as Hereditary Bannerbearer. The German practice of electing monarchs began when ancient Germanic tribes formed ad hoc coalitions and elected the leaders thereof. Elections were irregularly held by the Franks , whose successor states include France and

4978-581: The Archbishop of Mainz within one month of an Emperor's death, and met within three months of being summoned. During the interregnum , imperial power was exercised by two imperial vicars . Each vicar, in the words of the Golden Bull, was "the administrator of the empire itself, with the power of passing judgments, of presenting to ecclesiastical benefices, of collecting returns and revenues and investing with fiefs, of receiving oaths of fealty for and in

5109-602: The Austrian crown lands received a certain autonomy. The traditional Landstände (estates) assemblies were elevated to Landtage legislatures, partly elected according to the principle of census suffrage . After the Austro-Hungarian Compromise of 1867 , the Kingdom of Hungary (with the Principality of Transylvania ), the Kingdom of Croatia-Slavonia and Fiume became constituent parts of

5240-867: 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

5371-637: The College of Electors was disrupted when a Catholic branch of the Wittelsbach family inherited the Palatinate. A new Protestant electorate was created in 1692 for the Duke of Brunswick-Lüneburg, who became known as the Elector of Hanover (the Imperial Diet officially confirmed the creation in 1708). The Elector of Saxony converted to Catholicism in 1697 so that he could become King of Poland, but no additional Protestant electors were created. Although

Crown land - Misplaced Pages Continue

5502-529: 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

5633-697: The Crown Jan Zamoyski (against the interests of his own family), put as one of its goals the "execution of lands", i.e. return of all crown lands, which were often illegally held by next generations of Starostine families. In 1562–1563 they forced most of the crown land in the Crown of the Polish Kingdom to be returned to the monarch, however later the whole cycle repeated. In the following centuries Ruch egzekucyjny (lit. execution movement ) and subsequently elected Kings were gradually weakened because szlachta achieved more and more privileges –

5764-534: 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

5895-494: 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

6026-403: 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

6157-567: 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

6288-402: 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

6419-484: The Crown lands than on the hereditary estates of the nobility , as there were fewer serfdom obligations. Mostly due to lack of constant dynasty in Poland (see: Royal elections in Poland ), royal lands were under notorious, often illegal, control of powerful local magnates , sometimes even semi-independent from the state. Ruch egzekucyjny (execution movement) of the late 16th century, led by Lord Grand Chancellor of

6550-497: 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

6681-443: 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

SECTION 50

#1732766103139

6812-514: The Department of Natural Resources on behalf of the citizens of Nova Scotia. It is a collective asset which belongs to all Nova Scotians. Many acres of Crown land are licensed for a variety of economic purposes to help build and maintain the prosperity of the province. These purposes range from licenses and leases for cranberry bogs, forestry operations, peat bogs, power lines, wind energy, to broadband towers, and tidal energy. In addition, most of

6943-561: The Elector Palatine inherited Bavaria. Many changes to the composition of the college were necessitated by Napoleon 's aggression during the early 19th century. The Treaty of Lunéville (1801), which ceded territory on the Rhine 's left bank to France , led to the abolition of the archbishoprics of Trier and Cologne, and the transfer of the remaining spiritual Elector from Mainz to Regensburg . In 1803, electorates were created for

7074-715: The Elector of Saxony was personally Catholic, the Electorate itself remained officially Protestant, and the Elector even remained the leader of the Protestant body in the Reichstag . In 1706, the Elector of Bavaria and Archbishop of Cologne were outlawed during the War of the Spanish Succession , but both were restored in 1714 after the Peace of Baden . In 1777, the number of electors was reduced to eight when

7205-421: The Electors admitted in 1803, but the Empire was abolished before they could be created. The Duke of Württemberg, however, started to adopt the trappings of the Arch-Bannerbearer. The electors discharged the ceremonial duties associated with their offices only during coronations, where they bore the crown and regalia of the Empire. Otherwise, they were represented by holders of corresponding " Hereditary Offices of

7336-506: The Electors of Baden, Regensburg , and Würzburg became Grand Dukes . The Elector of Hesse-Kassel, however, retained the meaningless title " Elector of Hesse ", thus distinguishing himself from other Hessian princes (the Grand Duke of Hesse(-Darmstadt) and the Landgrave of Hesse-Homburg ). Napoleon soon exiled him and Kassel was annexed to the Kingdom of Westphalia , a new creation. The King of Great Britain remained at war with Napoleon and continued to style himself Elector of Hanover, while

7467-468: The Estate's revenues to the treasury, in order to relieve him from paying for the costs of the civil service, defence costs, the national debt, and his own personal debts, and, in return, to receive an annual grant known as the Civil list . The Domain of the Crown ( Vietnamese : Hoàng triều Cương thổ ( 皇朝疆土 ); French : Domaine de la Couronne ) was originally the Nguyễn dynasty 's geopolitical concept for its protectorates and principalities where

7598-424: 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

7729-431: The Habsburg nation-building and were ultimately reorganised as administrative divisions of the centralised Austrian Empire established in 1804. During the restoration period after the Revolutions of 1848 , the Austrian crown lands were ruled by Statthalter governors directly subordinate to the Emperor according to the 1849 March Constitution . By the 1861 February Patent , proclaimed by Emperor Franz Joseph I ,

7860-443: The Hanoverian government continued to operate in London. The Congress of Vienna accepted the Electors of Bavaria, Württemberg, and Saxony as Kings, along with the newly created Grand Duke of Baden. The Elector of Hanover finally joined his fellow Electors by declaring himself the King of Hanover . The restored Elector of Hesse tried to be recognized as the King of the Chatti . The European powers refused to acknowledge this title at

7991-402: The Hawaii Supreme Court's interpretation of the Apology Resolution to be erroneous, and held that federal law does not bar the State from selling land held in public trust. Accordingly, it remanded the case to the Hawaii Supreme Court to determine if Hawaiian law alone supports the same outcome. All "Crown leases" in the former British crown colony became "government leases" on 1 July 1997 upon

SECTION 60

#1732766103139

8122-407: The Hawaiian monarchs had access to 1.8 million acres (7,300 km), the private lands of Kamehameha III which he set aside for the dignity of the royal office for the ruler of the Hawaiian monarchy on 8 March 1848 during the Great Mahele . Kamehameha III and his successors made these lands their private property, selling, leasing or mortgaging at their enjoyment. At the death of Kamehameha IV , it

8253-416: The Household ". The Arch-Butler was represented by the Hereditary Butler ( Cupbearer ) (the Count of Althann ), the Arch-Seneschal by the Hereditary Steward (the Count of Waldburg , who adopted the title into their name as "Truchsess von Waldburg"), the Arch-Chamberlain by the Hereditary Chamberlain (the Count of Hohenzollern ), the Arch-Marshal by the Hereditary Marshal (the Count of Pappenheim ), and

8384-420: The Imperial Diet also voted in religious coalitions, as provided for in the Peace of Westphalia . The Archbishop of Mainz presided over the Catholic body, the corpus catholicorum , while the Elector of Saxony presided over the Protestant body, the corpus evangelicorum . The division into religious bodies was on the basis of the official religion of the state. The electors were originally summoned by

8515-420: The King of Bohemia three votes, the Elector-Archbishop of Trier three votes, the Elector-Archbishop of Cologne two votes, and the Elector-Archbishop of Mainz one vote. Thus, of the hundred votes in the Council of Princes in 1792 , twenty-nine belonged to electors, giving them considerable influence in the Council of Princes in addition to their positions as electors. In addition to voting by colleges or councils,

8646-426: The King of the Romans . The king would then later be crowned Emperor by the pope . Charles V (elected in 1519) was the last emperor to be crowned (1530); his successors assumed the title "Elected Emperor of the Romans" ( German : erwählter Römischer Kaiser ; Latin : electus Romanorum imperator ) upon their coronation as kings. The dignity of elector carried great prestige and was considered to be behind only

8777-412: The King, two of whom shall be appointed from among the members of His Cabinet Council, and serve without remuneration, and the other shall act as Land Agent, and shall be paid out of the revenues of the said lands, such sum as may be agreed to by the King." The lands were held by Queen Lili'uokalani before 17 January 1893. On this date, the monarchy was overthrown. The crown lands were taken in charge by

8908-461: The State. The Crown lands are administered by an independent institution called Patrimonio Nacional , which is responsible for the maintenance of these properties that are always available to the King or Queen of Spain. Historically, the properties now known as the Crown Estate were administered as possessions of the reigning monarch to help fund the business of governing the country. By the Civil List Act 1760 , George III surrendered control over

9039-406: 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

9170-513: 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

9301-399: The Wettin family in 1547, in the aftermath of the Schmalkaldic War . In 1623, the Elector Palatine, Frederick V , came under the imperial ban after participating in the Bohemian Revolt (a part of the Thirty Years' War ). The Elector Palatine's seat was conferred on the Duke of Bavaria, the head of a junior branch of his family. Originally, the Duke held the electorate personally, but it

9432-400: 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

9563-581: 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

9694-503: The army. After the following partitions of Poland in 1795 the "royal lands" were directly annexed by the partitioning powers. In the Great Duchy of Lithuania political nation did not follow experience of neighbouring Poland. Lithuanian magnates retained such lands in their hands. Historically, the kings of Spain have possessed vast lands, palaces, castles and other buildings, however, at present all those properties are owned by

9825-466: 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

9956-413: 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

10087-652: The case of the Arch-Marshal and Arch-Bannerbearer) and thirdly: integrated into the charge within the escutcheon (as in the case of the Arch-Cupbearer, where the Lion of Bohemia acquired a "simple crown" held in his dexter paw). When the Duke of Bavaria replaced the Elector Palatine in 1623, he assumed the latter's office of Arch-Steward. When the Count Palatine was granted a new electorate, he assumed

10218-408: 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

10349-421: 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

10480-589: The disputes among the electors. Under it, the Archbishops of Mainz , Trier , and Cologne , as well as the King of Bohemia , the Count Palatine of the Rhine , the Duke of Saxony , and the Margrave of Brandenburg held the right to elect the King. The college's composition remained unchanged until the 17th century, although the Electorate of Saxony was transferred from the senior to the junior branch of

10611-469: The emperor, kings, and the highest dukes. The electors held exclusive privileges that were not shared with other princes of the Empire , and they continued to hold their original titles alongside that of elector. The heir apparent to a secular prince-elector was known as an electoral prince ( German : Kurprinz ). Electors were rulers of reichsstände ( Imperial Estates ), enjoying precedence over

10742-613: The end of Kingdom in Poland the era of new political system called "Republic of szlachta (nobility)" started in late 16th century already in Polish–Lithuanian Commonwealth . As a result of reform and the introduction of the royal election of Polish kings, the royal lands became " public property or state property ". Formally "royal lands" formed about 15–20% of Poland (later, the Polish–Lithuanian Commonwealth), and were divided into two parts: Among

10873-551: The following changes to the Constitution of the Holy Roman Empire were attempted until the Empire's collapse. The arch-chancellor of Germany and archbishop elector of Mainz continued to be an elector, but as the prince of Regensburg, which took over Mainz's arch-episcopal status. The prince of Württemberg received the formerly defunct office of Arch-Bannerbearer, while the other new electors were not given augments or high office in

11004-490: 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

11135-484: 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

11266-644: The land is sold or transferred via legislation, such as an order in council . Crown land is governed by the Public Lands Act , originally passed as the Provincial Lands Act in 1931 and renamed in 1949. 94% of the land in British Columbia is provincial Crown land, 2% of which is covered by fresh water. Federal Crown land makes up a further 1% of the province, including Indian reserves, defence lands and federal harbours, while 5%

11397-460: The lands and fiefs directly possessed by the kings of France . Before the reign of Henry IV , the royal domain did not encompass the entirety of the territory of the kingdom of France and for much of the Middle Ages significant portions of the kingdom were direct possessions of other feudal lords. In the 10th and 11th centuries, the first Capetians—while being rulers of France—were among

11528-464: The largest Crown lands in the 16th and 17th centuries were the territories of Malbork and Wielkorządy with Niepołomice , Sambor in the Crown of the Polish Kingdom . Monarch's economies in, as it was called, "Republic" of Lithuania (Grand Duchy of Lithuania) were: biggest Šiauliai economy, Alytus economy, also economies in Grodno and Mohylew . The legal conditions of peasants were better in

11659-481: The largest single category is vacant land, comprising 12.5% of the land. Crown land is used for such things as airports, military grounds (Commonwealth), public utilities (usually State), or is sometimes unallocated and reserved for future development. In Tasmania , Crown land is managed under the Crown Lands Act 1976 . In Queensland, Unallocated State Land is managed under the Land Act 1994 . In South Australia ,

11790-425: The least powerful of the great feudal lords of France in terms of territory possessed. Patiently, through the use of feudal law (and, in particular, the confiscation of fiefs from rebellious vassals ), skillful marriages with female inheritors of large fiefs, and even by purchase, the kings of France were able to increase the royal domain, which, by the 16th century, began to coincide with the entire kingdom. However,

11921-466: 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,

12052-512: The losing side in the Austro-Prussian War and was absorbed into Prussia. Below are the State arms of each Imperial Elector. Emblems of Imperial High Offices are shown on the appropriate arms. Three Electors Spiritual (Archbishops): all three were annexed by various powers through German Mediatisation of 1803. Four Electors Secular: Electors added in the 17th century: As Napoleon waged war on Europe, between 1803 and 1806,

12183-514: The medieval system of appanage (a concession of a fief by the sovereign to his younger sons and their sons after them, although they could be reincorporated if the last lord had no male heirs) alienated large territories from the royal domain and created dangerous rival territories (especially the Duchy of Burgundy in the 14th and 15th centuries). Prior to the overthrow of the Hawaiian monarchy ,

12314-405: 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

12445-405: The monarch, instead passing on to the next king or queen unless the sovereign is advised otherwise by the relevant ministers of the Crown . Crown land provides the country and the provinces with the majority of their profits from natural resources , largely but not exclusively provincial, rented for logging and mineral exploration rights; revenues flow to the relevant government and may constitute

12576-400: 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

12707-517: 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

12838-410: The name of the holy empire". The Elector of Saxony was vicar in areas operating under Saxon law ( Saxony , Westphalia , Hannover , and northern Germany), while the Elector Palatine was vicar in the remainder of the Empire ( Franconia , Swabia , the Rhine , and southern Germany). The Elector of Bavaria replaced the Elector Palatine in 1623, but when the latter was granted a new electorate in 1648, there

12969-516: The office of King of the Romans. In the 10th and 11th centuries, princes often acted merely to confirm hereditary succession in the Ottonian and Salian dynasty . But with the actual formation of the prince-elector class, elections became more open, starting with the election of Lothair III in 1125. The Staufen dynasty managed to get its sons formally elected in their fathers' lifetimes almost as

13100-405: The other Imperial Princes . They were, until the 18th century, exclusively entitled to be addressed with the title Durchlaucht (Serene Highness). In 1742, the electors became entitled to the superlative Durchlauchtigste (Most Serene Highness), while other princes were promoted to Durchlaucht . As rulers of Imperial Estates, the electors enjoyed all the privileges of princes, including

13231-466: The other princes ruling States of the Empire, were members of the Imperial Diet , which was divided into three collegia : the Council of Electors, the Council of Princes, and the Council of Cities. In addition to being members of the Council of Electors, most electors were also members of the Council of Princes by virtue of possessing territory or holding ecclesiastical position. The assent of both bodies

13362-400: The position of Arch-Treasurer of the Empire. When the Duke of Bavaria was banned in 1706, the Elector Palatine returned to the office of Arch-Steward, and in 1710, the Elector of Hanover was promoted to the post of Arch-Treasurer. Matters were complicated by the Duke of Bavaria's restoration in 1714; the Elector of Bavaria resumed the office of Arch-Steward, while the Elector Palatine returned to

13493-545: The post of Arch-Treasurer, and the Elector of Hanover was given the new office of Archbannerbearer. The Electors of Hanover, however, continued to be styled Arch-Treasurers, though the Elector Palatine was the one who actually exercised the office until 1777, when he inherited Bavaria and the Arch-Stewardship. After 1777, no further changes were made to the Imperial Household; new offices were planned for

13624-431: 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

13755-419: The properties were often leased, gifted or hocked to the members of the nobility . Those nobles who had received the privilege of administering the crown lands (and thus keeping most of its profits) had the title of Starosta . Once given a crown land, one had the right to keep it "for life". Families of Starostas often wanted to unlawfully keep the royal properties, and that led to common abuses of law. After

13886-444: The province's forests sit within provincial Crown land. 87% of the province is Crown land, of which 95% is in northern Ontario. It is managed by the Ministry of Natural Resources and Forestry and is used for economic development, tourism and recreation. 88% of the land on Prince Edward Island (PEI) is privately held, leaving 12% of the land as public, or Crown, land. It is the province with the smallest percentage of Crown land, and it

14017-648: The provisional and republican governments. When the Republic of Hawaii joined the United States in 1898, the territorial government took ownership. In 1910, Liliuokalani, the former Queen, unsuccessfully attempted to sue the United States for the loss of the Hawaiian Crown Lands. In March 2009, the U.S. Supreme Court issued a unanimous opinion in Hawaii v. Office of Hawaiian Affairs , reversing

14148-477: 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

14279-580: 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

14410-668: The relevant Act is the Crown Land Management Act 2009 . In Victoria , it is the Crown Land (Reserves) Act 1978 and the Land Act 1958 . From the late 18th century onwards, the territories acquired by the Austrian Habsburg monarchy were called crown lands ( German : Kronländer ). Initially ruled in personal union by the House of Habsburg-Lorraine , they played a vital role as constituent lands of

14541-439: 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

14672-430: The right to choose the monarch was settled on an exclusive group of princes, and the procedure of seeking the approval of the remaining nobles was abandoned. The college of electors was mentioned in 1152 and again in 1198. The composition of electors at that time is unclear, but appears to have included bishops and the dukes of the stem duchies . The electoral college is known to have existed by 1152, but its composition

14803-581: The right to enter into alliances, to autonomy in relation to dynastic affairs, and to precedence over other subjects. The Golden Bull granted them the Privilegium de non appellando , which prevented their subjects from lodging an appeal to a higher Imperial court. Although this privilege, and some others, were automatically granted to Electors, they were not exclusive to them and many of the larger Imperial Estates were also to be individually granted some or all those rights and privileges. The electors, like

14934-398: 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

15065-404: The sale and use of Crown lands within the State. For example, New South Wales , where over half of all land is Crown land, passed a controversial reform in 2005 requiring Crown lands to be rated at market value. Crown lands include land set aside for various government or public purposes, development, town planning, as well as vacant land. Crown lands comprise around 23% of Australian land, of which

15196-465: The same as crown lands. Within Canada, Crown land is a designated territorial area belonging to the Canadian Crown . Though the monarch owns all Crown land in the country, it is divided in parallel with the "division" of the Crown among the federal and provincial jurisdictions , so that some lands within the provinces are administered by the relevant provincial Crown , whereas others are under

15327-469: The same individual, but in 1253, they were divided between two members of the House of Wittelsbach . The other electors refused to allow two princes from the same dynasty to have electoral rights, so a heated rivalry arose between the Count Palatine and the Duke of Bavaria over who should hold the Wittelsbach seat. Meanwhile, the King of Bohemia, who held the ancient imperial office of Arch-Cupbearer, asserted his right to participate in elections. Sometimes he

15458-522: 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

15589-455: The submerged lands (the sea bed) along the province's 9,000 kilometres (5,600 mi) of coastline are also considered Crown land. Exceptions would include federally and privately owned waterlots. The province owns other land across Nova Scotia, including wilderness areas, protected areas, highways, roads, and provincial buildings. These parcels and structures are managed and administered by other departments and are not considered Crown land. By

15720-416: 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

15851-723: The two agreed to alternate as vicars, with Bavaria starting first. This arrangement was upheld by the Imperial Diet in 1752. In 1777, the question was settled when the Elector Palatine inherited Bavaria. On many occasions, however, there was no interregnum, as a new king had been elected during the lifetime of the previous Emperor. Frankfurt regularly served as the site of the election from the fourteenth century on, but elections were also held at Cologne (1531), Regensburg (1575 and 1636), and Augsburg (1653 and 1690). An elector could appear in person or could appoint another elector as his proxy. More often, an electoral suite or embassy

15982-554: Was a commonwealth realm, in Barbados , the term crown land extended to all land that is under the control or ownership of The Crown (a.k.a. the Government). This could also pertain to land seized by the government, (either through eminent domain or due to criminal activity), or toward lands with backed taxes. The term Crown lands had been used in relation to government owned farms, beaches, and other land areas also maintained by

16113-486: Was a dispute between the two as to which was vicar. In 1659, both purported to act as vicar, but ultimately, the other vicar recognized the Elector of Bavaria. Later, the two electors made a pact to act as joint vicars, but the Imperial Diet rejected the agreement. In 1711, while the Elector of Bavaria was under the ban of the Empire , the Elector Palatine again acted as vicar, but his cousin was restored to his position upon his restoration three years later. Finally, in 1745,

16244-791: Was abolished in 1806, and the new electorates were never confirmed by the Emperor. In 1788, the ruling family of Savoy pushed to receive an electoral title. Their ambition was backed by Brandenburg-Prussia. Nonetheless, the French Revolution and subsequent Coalition Wars soon rendered this a moot point. After the abolition of the Holy Roman Empire in August 1806, the Electors continued to reign over their territories, many of them taking higher or alternative titles. The Electors of Bavaria, Württemberg, and Saxony styled themselves Kings, while

16375-419: Was challenged on the grounds that his kingdom was not German, though usually he was recognized, instead of Bavaria, which, after all, was just a younger line of Wittelsbachs. The Declaration of Rhense issued in 1338 had the effect that election by the majority of the electors automatically conferred the royal title and rule over the empire, without papal confirmation. The Golden Bull of 1356 finally resolved

16506-583: Was decided by the Kingdom's Supreme Court that under the above-mentioned instrument executed by Kamehameha III, reserving the Crown Lands, and under the confirmatory Act of 7 June 1848, "the inheritance is limited to the successors to the throne", "the wearers of the crown which the conqueror had won," and that at the same time "each successive possessor may regulate and dispose of the same according to his will and pleasure as private property, in like manner as

16637-706: Was done by Kamehameha III." Afterwards an Act was passed 3 January 1865, "relieve the Royal Domain from encumbrances and to render the same inalienable." This Act provided for the redemption of the mortgages on the estate, and enacted that the remaining lands are to be "henceforth inalienable and shall descend to the heirs and successors of the Hawaiian Crown forever," and that "it shall not be lawful hereafter to lease said lands for any terms of years to exceed thirty." The Board of Commissioners of Crown Lands shall consist of three persons to be appointed by His Majesty

16768-509: Was elected emperor. All of his successors were also from the Habsburg-Lorraine family. Each elector held a "High Office of the Empire" ( Reichserzämter ) analogous to a modern cabinet office position and was a member of the ceremonial Imperial Household . The three spiritual electors became Archchancellors ( German : Erzkanzler , Latin : Archicancellarius ): the Archbishop of Mainz became Archchancellor of Germany ,

16899-487: Was later made hereditary along with the duchy. When the Thirty Years' War concluded with the Peace of Westphalia in 1648, a new electorate was created for the Count Palatine of the Rhine. Since the Elector of Bavaria retained his seat, the number of electors increased to eight; the two Wittelsbach lines were now sufficiently estranged so as not to pose a combined potential threat. In 1685, the religious composition of

17030-415: Was required for important decisions affecting the structure of the Empire, such as the creation of new electorates or States of the Empire. Many electors ruled a number of States of the Empire or held several ecclesiastical titles, and therefore had multiple votes in the Council of Princes. In 1792, the Elector of Brandenburg had eight votes, the Elector of Bavaria six votes, the Elector of Hanover six votes,

17161-540: Was sent to cast the vote; the credentials of such representatives were verified by the Archbishop of Mainz, who presided over the ceremony. The deliberations were held at the city hall, but voting occurred in the cathedral. In Frankfurt, a special electoral chapel, or Wahlkapelle , was used for elections. Under the Golden Bull, a majority of electors sufficed to elect a king, and each elector could cast only one vote. Electors were free to vote for whomsoever they pleased (including themselves), but dynastic considerations played

#138861