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The Crown and Constitutional Reform

Edited by: Cris Shore, Sally Raudon, David V. Williams

ISBN13: 9780367511692
Published: January 2024
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £38.99
Hardback edition , ISBN13 9780367511647



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The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries.

The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II’s long reign approaches its end, questions about the Crown’s future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency.

The chapters in this book were originally published in a special issue of 'The Round Table: The Commonwealth Journal of International Affairs'.

Subjects:
Constitutional and Administrative Law
Contents:
Preface
Introduction: The Crown and Constitutional Reform
Cris Shore, Sally Raudon & David V. Williams
1. The Crown as Proxy for the State? Opening up the Black Box of Constitutional Monarchy
Cris Shore
2. From Bagehot to Brexit: The Monarch’s Rights to be Consulted, to Encourage and to Warn
Anne Twomey
3. Will New Zealand Inevitably Become a Republic, ‘Just as Britain Will Be Blurred into Europe’?
Jai Patel
4. The Supreme Court and the Miller Case: More Reasons Why the UK Needs a Written Constitution
Sebastian Payne
5. Royal Succession and the Constitutional Politics of the Canadian Crown, 1936–2013
Philippe Lagassé
6. Locating the Crown in Australian Social Life
Sally Raudon
7. The Many Faces of the Crown and the Implications for the Future of the New Zealand Constitution
Janet McLean
8. The ‘Unsettledness’ of Treaty Claim Settlements
Margaret Kawharu
9. The Crown: Is It Still ‘White’ and ‘English-Speaking’?
Morgan Godfery
10. From Loyal Dominion to New Republic: Which Realm Will Get There First?
David V. Williams
11. When the Queen is Dead
Keith Locke
12. The Queen is Dead! Long Live the President?
Matthew Hooton
13. Reflections of the 19th Governor-General of New Zealand
Anand Satyanand