The crown in each of the Commonwealth realms is a similar but distinct legal concept. To distinguish the role of the institution in one jurisdiction from its place in another, Commonwealth law uses the expression “crown in the right to place]; for example, the Crown in the law of the United Kingdom,[34][35][36][37] the Crown in the law of Canada, the Crown in the law of the Commonwealth of Australia, etc. Since Canada and Australia are federations, there are also crowns in the law of each Canadian province and state. [38] A wide range of documents containing advice and commentary on the conduct of the Crown`s legal activities, cooperation with Crown law and the courts, and other matters of interest to the exercise of judicial and judicial functions. Or is it the case? Often the term refers to the executive, that is, ministers who use their powers to do their jobs. You may have seen on your student loan, if you have one, that the agreement is between you and “Her Majesty The Queen in the law of New Zealand, acting through the Chancellor of the Exchequer.” This does not mean that the Queen or Grant Robertson lent you the money personally, it simply means that the legal entity lending you the money is the Crown, with the Chancellor of the Exchequer running things. The term crown forces was applied by Irish militant republicans to the security forces authorized by the British on the island of Ireland, including British forces and armed police such as the Royal Ulster Constabulary, which are considered enemy combatants or occupying forces. [Note 5] [56] [57] [58] Irish nationalists may apply Crown troops to the former forces raised by the Dublin Castle administration at regular intervals since the Tudor conquest of Ireland to suppress various Irish uprisings. [59] The best way to imagine the Crown is that it is a so-called “legal personality” – a term used to describe what the state is. In some cases it is the executive branch (cabinet and minister), in others it is a ministry. In some cases, it is the Governor General. Part 1 of the report, A new Crown Civil Procedure Act, recommends replacing the Crown Proceedings Act 1950 with modernized legislation.
While the general principles around which the Crown Procedures Act is based remain the same in the bill, particularly that the Crown and citizens must be equal before the courts, much has changed in government since 1950. We need a modernized and streamlined law that reflects these realities and supports litigation against the Crown, allowing people to seek an effective remedy when the Crown has breached a legal obligation. Led by the chief legal advisers of the ministries and the senior legal officers (Attorney General and Solicitor General), the Government Legal Network (GLN) comprises more than 1000 central and Crown lawyers. By leveraging collective legal expertise, GLN addresses a wide range of complex legal issues, fosters rewarding career paths for government lawyers, and helps the Crown deliver better public services to New Zealanders. To learn more about the network, please visit the GLN website. In Australia, each state uses R in the title of criminal cases and the King (or Queen) in criminal cases (i.e. the name of the case in the trial would be R v Smith; in case of appeal, the name of the case would be Smith v The King). Judges usually refer to the accuser simply as “the prosecution” in the text of judgments (The Crown is rarely used in the text and never R). In civil cases where the Crown is a party, it is customary to identify the appropriate minister as a party instead. When a case is heard in court, the clerk or bailiff orally refers to the crown as “Our Sovereign Lord the King” (or “Our Sovereign Lady the Queen”). As a single agency, the Crown is the legal embodiment of executive, legislative and judicial governance in the monarchy of each Commonwealth realm. These monarchies are united by the personal union of their monarch, but they are independent states.
