QUEEN ELIZABETH II, DIES AND CHARLES III IS NOW REX | IRAC Method Law Bookshop
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CHARLES III IS NOW REX

Our beloved Queen HM Elizabeth II who held the title of longest-reigning queen of the United Kingdom, passed away at the age of 96 at her Scottish estate, Balmoral.

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The death of HM Queen Elizabeth II took place in a calm and tranquil manner on Thursday afternoon at her home in Scotland, where she had spent the most of the summer. After ascending to the throne in 1952, Queen Elizabeth II presided over a time of profound socioeconomic transformation. Her son King Charles III, speaking in the role of prince Charles, said that the passing of his cherished mother was a "moment of great sadness" for him and his family and that her loss would be "deeply felt" around the world. We all mourn the passing of a treasured sovereign, and the nation has lost a mother and a grandmother. She will be greatly missed.


The United Kingdom is referred to as a "constitutional monarchy," which is a kind of country in which the monarch is the head of state but not the political head of government and whose abilities to rule are restricted. This type of monarchy was established in the United Kingdom in the 18th century. Beginning in 1688 and continuing through a series of incremental transitions, the authority to administer the United Kingdom has been transferred from the monarch to the executive, often known as the central government, with the Prime Minister serving as its leader. Despite this, the monarch is the one who carries out the formal or ceremonial aspects of exercising that authority.


The phrase "royal prerogative" is used to refer to the powers of the "Crown" that are acknowledged by common law. This is in contrast to the powers that are given and used in accordance with legislation. When used in this sense, the word "Crown" refers to the executive branch of government rather than the monarch alone. This is due to the fact that there is now an extremely remote possibility that the executive branch would use the royal prerogative in any other capacity than on behalf of the monarch. This reflects a very strong constitutional convention that the executive branch is the one that exercises the monarch's powers. This position will now be referred to as the King acting "on the advice of" the Prime Minister. This convention is reflected by the fact that the executive branch does so. It is important to take notice of the following points:


  1. Although the prerogative continues to play a vital role, the majority of the work of the government is now accomplished via the use of legislative authorities; and

  2. The way in which the authority is actually exercised is primarily regulated by tradition, even in those domains in which the prerogative maintains its relevance.


Dicey is credited with providing what is considered to be the definitive and most often cited definition of the prerogative. He said that the prerogative was:


“[T]he residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown … Every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of this prerogative.” AV Dicey, Introduction to the Study of the Law of the Constitution (1885).


One hundred years ago, Sir William Blackstone provided the following definition of the prerogative:


“By the word prerogative we usually understand that special pre-eminence, which the King hath, over and above all other persons and out of the ordinary course of common law, in the right of his regal dignity ... It can only be applied to those rights and capacities which the King enjoys alone, in contradiction to others and not to those which he enjoys in common with any of his subjects, for if once any prerogative of the Crown could be held in common with the subject, it would cease to be a prerogative any longer.” Sir William Blackstone, Commentaries on the Laws of England (Clarendon Press 1765-1769).


Courts have frequently cited Dicey's definition with approval and have accepted it as the standard definition. One example of this is the House of Lords in the landmark case Council for the Civil Service Unions v Minister for the Civil Service [1985] AC 374 (also known as the 'GCHQ' case). In this case, the House of Lords accepted Dicey's definition as the standard definition. On the other hand, one could argue that the definition is too broad because it suggests that any decision or action taken by the Crown that is not taken under the authority of a statute could be considered an exercise of prerogative powers. This would include powers enjoyed in common with its subjects, such as the power to enter into contracts. It might be argued that it should only encompass powers that are exclusive to the Crown.

King Charles II offical picture

CHARLES III IS NOW REX


In accordance with the traditional principle of common law known as "Rex nunquam moritur," which translates to "The King Never Dies," Charles was crowned King the instant the Queen passed away, and this move was sanctioned by the "Accession Council." The norm acknowledges that even if the sovereign passes away, the government must continue to function. When we talk about the "Demise of the Crown," we are not only referring to the passing of a sovereign; rather, we are referring to the passing of the office to the heir. The subsequent rites, like as the coronation and the Accession Council, just serve to legitimise the succession that has already taken place in their own unique ways. Therefore, it is not required for the king to be crowned in order to become King; Edward VIII ruled as King despite never having been crowned.


HM KING CHARLES III

His given names are Charles Philip Arthur George, and his middle names are Charles. It was possible that he will decide against becoming King Charles and instead become King George VII, King Philip, or King Arthur, but the King decided to be known a Charles III. Charles III is now Rex.


THE ACCESSION COUNCIL


The meeting of the Accession Council, which many of us witnessed for the first time, was a special meeting of the Privy Council that functioned as a contemporary version of the Anglo-Saxon Witan. It was called as soon as it was practically possible following the death of a Sovereign and is divided into two parts. In the first part of the story, the Council gathered without the new king and with a membership that had been specifically expanded. As soon as it is given the monarch's choice for the new regnal name, the council publishes a proclamation that witnesses and declares the fact of the new Sovereign's rightful accession of the throne. Shortly after that, the new King goes to Part II (which was only attended by Privy Counsellors), where he makes a personal declaration of commitment to support the constitution and swears a statutory oath in support of the Church of Scotland. Privy Counsellors were the only ones in attendance at Part II (the same oath declaring his loyalty for the Church of England is taken by him at the coronation).

PRINCE WILLIAM BECOME PRINCE OF WALES


Prince William was elevated to the position of Prince of Wales. His investiture took place in part II of the the accession meeting. Prince William was elevated to the position of Prince of Wales shortly after the succession of his father; this was decided by King Charles, technically speaking, the title is not heritable. He also however, inherited the Duchy of Cornwall, which is a property that spans 150,000 acres and has annual revenue of little over £20 million. The charter for the Duchy of Cornwall was drawn up in 1337, and it states that the title of Duke of Cornwall may be passed down via families.

THE CORONATION

The coronation is an important event for the state. Although Prince Charles may have some input, the government will ultimately decide who is invited to the coronation since they are the ones footing the bill for the ceremony. Throughout history, coronations have traditionally consisted of an act of homage, in which the senior members of each order of the peerage have prostrated themselves before the new king and paid homage on behalf of their order. The practise of paying homage to one's ancestors is not part of any religious ceremony; rather, it is a holdover from the feudal era and a remnant of the old aristocratic constitution. Because of this long-standing custom, the peers and their spouses continued to make up the biggest single group of guests during the 1953 coronation. There are very few hereditary lords serving in the legislature in the present day, and we need to rethink how the ceremony of homage might better reflect the modern constitution in order to keep up with the times.


There have been discussions about moving the paying of respects away from the coronation to another time and place. The purpose of this event, which will not be religious in nature, will be to bring together members of civil society and the newly crowned monarch in a ceremony of mutual acknowledgment and respect. It may serve to emphasise, right from the start of the new reign, that the monarch maintains equal relations with all members of the community, irrespective of their position, whether it aristocratic or otherwise. A realisation of the necessity to establish oneself with all areas of the kingdom is suggested by Charles's III current actions of t vising all of the devolved capitals as he is doing as soon as he become monarch, even if this does not involve changing the homage protocol.

Charles III on coins

FINANCIAL POSITION OF HM CHARLES III


Funding of the King’s public duties is expected to continue under the Sovereign Grant Act 2011. This abolished the former means of support via a Parliamentary grant (known as the Civil List) fixed originally at Accession and revised from time to time principally to accommodate inflation.


Parliament used also to vote Parliamentary annuities for those ‘working’ members of the royal family other than the Queen herself. Over time the Queen has taken on the responsibility of supporting those family members from her Privy Purse (funded principally from the revenues of the Duchy of Lancaster) until only the annuity for her husband, Prince Philip, remained.


The Crown Estates is a statutory corporation that is responsible for managing the Estates' holdings. According to the 2011 Act and its scheme of one-way proxy upward indexation, the Sovereign is entitled to receive annually a proportion of the profits from the management of the Crown Estates, which is normally thirteen percent of those profits. The funds, which had been used to offset the expenditures of the country's civil administration up to the time when George III gave them up in 1760 in exchange for a Civil List, did not form part of the monarch's personal income when they were first received. At this time, the percentage is set at £86.3 million, and it will be temporarily increased starting in 2017–18 and continuing for the next 10 years in order to pay the reservicing of Buckingham Palace.


Separately, the new King Charles III will not be able to take advantage of the revenues from the Duchy of Lancaster, which amount to around £20 million each year and are contributed to the Privy Purse. While these funds are not considered part of the monarch's personal fortune since they are instead used to support the monarchy. The new King has lost the equal income from the Duchy of Cornwall when he ascended to the throne; this income would instead pass to his successor, Prince William. Because of practical considerations, the expenses associated with providing protection for the royal family are never made public. Although having been subject to various estimates every so often, has never been officially announced.

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