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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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Regency, Counsellors of State, and the Future of the Modern Monarchy


ISBN13: 9781509976904
To be Published: August 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken.

Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions.

The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent?

The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction
2. Historical Precedents
3. The Difficult Birth of the Regency Act 1937
4. Regency Act 1937
5. Counsellors of State
6. The Royal Functions
7. Reforms

Appendix 1 - Text of Regency Act 1937
Appendix 2 - Text of Regency Act 1943
Appendix 3 - Text of Regency Act 1953
Appendix 4 - Text of Counsellors of State Act 2022
Appendix 5 - The Defence (Regency) Regulations 1941

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