Introduction to Language 10th Edition Fromkin Solutions Manual

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Concept

The concept of the Crown took form under the feudal system.[3] Though not used this way in all
countries that had this system, in England, all rights and privileges were ultimately bestowed by 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 owner-less they are said to escheat;
i.e., return to direct ownership of the Crown (Crown lands). Bona vacantia is the royal prerogative by
which unowned property (primarily unclaimed inheritances) become the property of the Crown (except in
Cornwall, where it becomes the property of the Duke of Cornwall or Lancashire where it becomes the
property of the Duke of Lancaster).

The monarch is the living embodiment of the Crown and,[4] as such, is regarded as the personification of
the state.[n 1][5][6][7][8][9][10][11] The body of the reigning sovereign thus holds two distinct personas
in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her
through law; the Crown and the monarch are "conceptually divisible but legally indivisible ... [t]he office
cannot exist without the office-holder".[n 2][12] The terms the state, the Crown,[13] the Crown in Right
of [jurisdiction], Her Majesty the Queen in Right of [jurisdiction],[14] and similar are all synonymous and
the monarch's legal personality is sometimes referred to simply as the relevant jurisdiction's name.[9][15]
(In countries using systems of government derived from Roman civil law, the State is the equivalent
concept to the Crown.[16])

As such, 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),[n 3] the guardian of foster
children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment
(Crown held property),[17] state owned companies (Crown corporations), and the copyright for
government publications (Crown copyright).[18] This is all in his or her position as sovereign, and 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
the Crown's legal personality is usually regarded as a corporation sole,[19] it can, at least for some
purposes, be described as a corporation aggregate headed by the monarch.[20][21]
Divisibility of the Crown

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, the
Crown 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 local government, though limitations on 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."[22]

Commonwealth realms

The Crown in each of 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,[23][24][25][26] 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.[27]

The Crown's powers are exercised either by the monarch personally or by his or her representative in each
jurisdiction, on the advice of the appropriate local ministers, legislature, or judges, none of which may
advise the Crown on any matter pertinent to another of the Crown's jurisdictions.

Crown dependencies

In Jersey, statements by the Law Officers of the Crown define the Crown's operation in that jurisdiction
as the Crown in right of Jersey,[28] with all Crown land in the Bailiwick of Jersey belonging to the
Crown in right of Jersey and not to the Crown Estate of the United Kingdom.[29] 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.[30]

Legislation in the Isle of Man also defines the Crown in right of the Isle of Man as being separate from
the Crown in right of the United Kingdom.[31]

In Guernsey, legislation refers to the Crown in right of the Bailiwick,[32] and the Law Officers of the
Crown of Guernsey submitted that "[t]he Crown in this context ordinarily means the Crown in right of the
république of the Bailiwick of Guernsey"[33] and that this comprises "the collective governmental and
civic institutions, established by and under the authority of the Monarch, for 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".[34] This constitutional concept is also worded as the Crown in right of the Bailiwick of
Guernsey.[35]

British Overseas Territories

Following the Lords' decision in Ex parte Quark, 2005, it is held that the Queen in exercising her
authority over British Overseas Territories does not act on the advice of the government of the UK, but in
her role as Queen of each territory, with the exception of fulfilling the UK's international responsibilities
for its territories. The reserve powers of the Crown for each territory are no longer considered to be
exercisable on the advice of the UK government. To comply with 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.[36]

In the courts

In criminal proceedings, the state is the prosecuting party and is usually designated on the title or name of
a case as "R v" – where R can stand for either Rex (if the current monarch is male) or Regina (if the
monarch is female) versus the defendant; for example, a criminal case against Smith might be referred to
as R v Smith, and verbally read as "the Crown and Smith". On the indictment notice, it may state "The
Queen - v - Defendant" as well as "R v Defendant".

Often cases are brought by the Crown according to the complaint of a claimant. The titles of these case
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 the European Union, where "Miller" is Gina Miller, a citizen. Until the
end of the twentieth century, such case titles used the pattern R v Secretary of State of State for Exiting
the European Union, ex parte Miller.

In Scotland, criminal prosecutions are undertaken by the Lord Advocate (or the relevant Procurator
Fiscal) in 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.
In Australia, each state uses R in the title of criminal cases and The Queen (or The King) in criminal
appeal cases (i.e., the case name at trial would be R v Smith; if appealed, the case name would be Smith v
The Queen). Judges usually refer to the prosecuting party as simply "the prosecution" in the text of
judgments (only rarely is The Crown used in the text, and never R). In civil cases where the Crown is a
party, it is a customary to list the appropriate government Minister as the party instead. When a case is
announced in court, the Clerk or Bailiff refers to the crown orally as "Our Sovereign Lady the Queen" (or
"Our Sovereign Lord the King").

In New Zealand court reporting, news reports will refer to the prosecuting lawyer (often called a Crown
prosecutor, as in Canada and the United Kingdom) as representing the Crown, usages such as "For the
Crown, Joe Bloggs argued..." being common.

This practice of using the seat of sovereignty as the injured party is analogous with criminal cases in the
United States, where the format is "the People" or "the State v. [defendant]" (e.g., People of the State of
New York v. LaValle or Commonwealth of Pennsylvania v. Brady) under the doctrine of popular
sovereignty. In Federal criminal cases, it is "United States v. [defendant]," as in United States v. Nixon.

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 the Common
Informers Act 1951 ended the practice of allowing such suits by common informers.

Crown forces

The term crown forces has been applied by militant Irish republicans to British-authorised security forces
on the island of Ireland, including the British Armed Forces and armed police such as the Royal Ulster
Constabulary, which are seen as enemy combatants or an occupation force.[n 4][38][39][40] Irish
nationalist historical narrative may apply crown forces to earlier forces raised by the Dublin Castle
administration at intervals since the Tudor conquest of Ireland to suppress various Irish uprisings.[41]

See also

icon Commonwealth realms portal

Crown land
Crown copyright

Crown corporation

Crown Court

Crown Estate

Royal prerogative

Notes

See note 11 at Monarchy of Canada.

See note 12 at Monarchy of Canada

See note 13 at Monarchy of Canada.

In Danny Morrison's words, "[t]he term 'security forces' suggests legitimacy, which is why republicans
prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority."[37]

References

The Crown and Canadian Federalism - D. Michael Jackson - Google Books, 2013, ISBN 978-1-4597-
0989-8

Carroll, Alex (2003). Constitutional and Administrative Law. Pearson/Longman. p. 7. ISBN 978-0-582-
47343-0.

The Crown as Corporation, Frederic Maitland, Law Quarterly Review 17 (1901) pp. 131–46 [1]

Elizabeth II (2005), Interpretation Act, 46.1.b, Ottawa: Queen's Printer for Canada (published 1 April
2005), retrieved 7 August 2009

Cabinet Secretary and Clerk of the Executive Council (April 2004), Executive Government Processes
and Procedures in Saskatchewan: A Procedures Manual (PDF), Regina: Queen's Printer for
Saskatchewan, p. 10, retrieved 30 July 2009

The Royal Household. "The Queen and the Commonwealth > Queen and Canada > The Queen's role in
Canada". Queen's Printer. Retrieved 15 May 2009.

MacLeod, Kevin S. (2012), A Crown of Maples (PDF) (2 ed.), Ottawa: Queen's Printer for Canada, p.
51, ISBN 978-0-662-46012-1, retrieved 28 November 2012

Marleau, Robert; Montpetit, Camille (2000), House of Commons Procedure and Practice, Ottawa:
Queen's Printer for Canada, ISBN 2-89461-378-4, 1. Parliamentary Institutions > Institutional Framework
> The Crown, archived from the original on 8 October 2012
Table Research Branch of the House of Commons (March 2008). "Compendium of Procedure". Ottawa:
Queen's Printer for Canada: 1. Archived from the original (PDF) on 17 December 2009. Retrieved 14
October 2009.

Citizenship and Immigration Canada (2009), Discover Canada (PDF), Ottawa: Queen's Printer for
Canada, p. 2, ISBN 978-1-100-12739-2, retrieved 3 December 2009

Tidridge, Nathan (2011), Canada's Constitutional Monarchy: An Introduction to Our Form of

Government, Toronto: Dundurn Press, p. 17, ISBN 9781459700840

Bowden, James; Philippe, Lagassé (6 December 2012), "Succeeding to the Canadian throne", Ottawa
Citizen, archived from the original on 10 January 2013, retrieved 6 December 2012

Elizabeth II (9 October 2012), Financial Administration Act, 83.1: Queen's Printer for Canada, retrieved
6 December 2012

Elizabeth II (21 May 2004). "Memorandum for Understanding of Cooperation on Addressing Climate
Change" (PDF). Toronto: Queen's Printer for Canada: 1. Retrieved 16 May 2009.

Elizabeth II (2004). "A First Nations – Federal Crown Political Accord". 1. Ottawa: Assembly of First
Nations: 3. Archived from the original (PDF) on 29 December 2009. Retrieved 29 September 2009.

Jackson, Michael D (2013), The Crown and Canadian Federalism, Toronto: Dundurn Press, p. 20, ISBN
978-1-4597-0989-8

Department of National Defence. "DCBA 414 011759Z Apr 09 MFSI Annual Rates for the Fiscal Year
2009/2010". Queen's Printer for Canada. Archived from the original on 28 August 2009. Retrieved 16
May 2009.

Canada (PDF) (Map). Queen's Printer for Canada. 2006. Retrieved 16 May 2009.

George V (9 April 1925), "s. 180", Law of Property Act 1925, London: Queen's Printer

Maitland, Frederic (1901), "The Crown as Corporation", Law Quarterly Review (17): 131–46

The Law Commission (November 1996), "Paper 143: The execution of deeds and documents by or on
behalf of bodies corporate" (PDF), Halsbury's Laws of England (Affidavit) (4 ed.), Lincoln County,
Nevada (published 1974), 9, 1206

Lords of Appeal, Ex parte Quark, 2005

Lauterpacht, E.; Greenwood, C. J. (1992). International Law Reports. 87. Cambridge: Cambridge
University Press. pp. 286, 713. ISBN 978-0-949009-99-9.

Royal Institute of International Affairs (1983). The British Year Book of International Law. 53. British
Institute of International Affairs. Oxford: H. Frowde. pp. 253, 257, 258.

Bourne, C. B. (1986). Canadian Yearbook of International Law. 23. Vancouver: UBC Press. ISBN 978-
0-7748-0259-8.
 The Australian law journal. 52. North Ryde: Law Book Co. of Australasia Ltd. 1978. pp. 58, 203, 207.
3910867.

Ministry of Natural Resources (24 January 2006), Disposition of Public Land to Other Governments and
Agencies (PDF), Toronto: Queen's Printer for Ontario, p. 2, at 3.2.B, retrieved 25 April 2010, When
public land is required by the federal government or one of its departments, or any provincial ministry,
the land itself is not transferred. What is transferred is the responsibility to manage the lands on behalf of
Her Majesty the Queen (HMQ). This is accomplished by an Order-in-Council or a Minister's Order that
transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as
represented by a department or to HMQ in right of Ontario as represented by another ministry. The
Crown does not transfer ownership to itself.

"Review of the Roles of the Crown Officers" (PDF). Retrieved 7 November 2011.

"WRITTEN QUESTION TO H.M. ATTORNEY GENERAL". Retrieved 7 November 2011.

"Succession to the Crown (Jersey) Law 2013". States of Jersey. Retrieved 24 November 2013.

"The Air Navigation (Isle of Man) Order 2007 (No. 1115)". Retrieved 7 November 2011.

"The Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005". Retrieved 7 November
2011.

"Review of the Roles of the Jersey Crown officers" (PDF). Retrieved 7 November 2011.

"It's a power thing…". Guernsey Press. 21 June 2010. Retrieved 7 November 2011.

"Review of the Roles of the Jersey Crown officers" (PDF). Retrieved 7 November 2011.

Overseas Territories: Seventh Report of Session 2007–08, Vol. 2: Oral and Written Evidence. London
UK: The Stationery Office, 6 July 2008, pp. 49, 296–297

Morrison, Danny (24–26 January 2004). "Saving 'Bobby Sands Street' > Words of Freedom". Irish
History. Irlandinitiative Heidelberg. Retrieved 25 August 2015.

Hawes-Bilger, Cordula (2007). War Zone Language: Linguistic Aspects of the Conflict in Northern
Ireland. Francke. p. 148. ISBN 9783772082009.

O'Neill, Conor (2004). "Terrorism, insurgency and the military response from South Armagh to Falluja".
The RUSI Journal. 149 (5): 22–25. doi:10.1080/03071840408523120. ISSN 0307-1847.

Tomaney, John (2000). "End of the Empire State? New Labour and Devolution in the United Kingdom".
International Journal of Urban and Regional Research. 24 (3): 675–688. doi:10.1111/1468-2427.00271.
ISSN 0309-1317.

Ferriter, Diarmaid (1 November 2012). Ambiguous Republic: Ireland in the 1970s. Profile Books. p. 247.
ISBN 9781847658562. Retrieved 21 August 2015. Because of the events of the War of Independence, the
phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative.
vte

Property

By owner

Communal land Marital property (USA) Cooperative Estate in land Private Public State Crown land

By nature

Croft Intangible Intellectual indigenous Personal Tangible immovable real

Common resources

Common land Common-pool resource Digital Global Information Knowledge

Theory

Bundle of rights Commodity fictitious commodities Common good (economics) Excludability First
possession appropriation Homestead principle Free-rider problem Game theory Georgism Gift economy
Labor theory of property Law of rent rent-seeking Legal plunder Natural rights Ownership common
customary self state Property rights primogeniture usufruct women's Right to property Rivalry Tragedy of
the commons anticommons

Applications

Acequia (watercourse) Ejido (agrarian land) Forest types Inheritance Land tenure Property law alienation
easement restraint on alienation real estate title

Rights

Air Fishing Forest-dwelling (India) Freedom to roam Grazing pannage Hunting Land aboriginal
indigenous squatting Littoral Mineral Bergregal Right of way Water prior-appropriation riparian

Disposession/

redistribution

Bioprospecting Collectivization Eminent domain Enclosure Eviction Expropriation Farhud Forced

migration population transfer Illegal fishing Illegal logging Land reform Legal plunder Piracy Poaching
Primitive accumulation Privatization Regulatory taking Slavery Bride buying Human trafficking wage
wife selling Tax inheritance poll progressive property Theft

Scholars

(key work)

Frédéric Bastiat Ronald Coase Henry George Garrett Hardin David Harvey John Locke Two Treatises of
Government Karl Marx Marcel Mauss The Gift John Stuart Mill Elinor Ostrom Karl Polanyi The Great
Transformation Pierre-Joseph Proudhon What Is Property? David Ricardo Murray N. Rothbard The
Ethics of Liberty Jean-Jacques Rousseau The Social Contract Adam Smith The Wealth of Nations