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2 - Genealogies of the Modern Crown

From St Edward to Queen Elizabeth II

from Part I - The Nature and Development of the Crown

Published online by Cambridge University Press:  13 January 2019

Cris Shore
Affiliation:
University of Auckland
David V. Williams
Affiliation:
University of Auckland
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Summary

Part I examines the nature and development of the Crown, and this chapter analyses key moments in the transition from feudalist royal autocracy to constitutional monarchy in England, focussing on Crown prerogative and reserve powers. Parliament's increased role in the Tudor constitution in the sixteenth century was the precursor to further dramatic constitutional changes throughout the seventeenth-century Stuart era. By the end of that century, royal absolutism had been replaced by the emergence of a constitutional order with parliamentary supremacy the cornerstone. Myths and legal fictions played a role in the incremental evolution of Westminster parliamentary democracies and an indivisible Crown. In the twentieth century a Commonwealth of Nations emerged. Now we have multiple versions of the Queen’s ‘two bodies'. Each of the realms over which Elizabeth II reigns as sovereign is a distinct body politic. Some of those polities have federal structures, and the states or provinces are additional separate and discrete Queen’s bodies within one realm. New Zealand retains perhaps the most ‘pure’ form of Westminster parliamentary sovereignty and parliamentary sovereignty anywhere in the world.
Type
Chapter
Information
The Shapeshifting Crown
Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
, pp. 31 - 52
Publisher: Cambridge University Press
Print publication year: 2019

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References

Agamben, Giorgio. 1998. Homo Sacer: Sovereign Power and Bare Life, translated by Heller-Rozaen, Daniel. Stanford, CA: Stanford University Press.Google Scholar
Baker, John. 2002. An Introduction to English Legal History, 4th edn. London: Butterworths.Google Scholar
Barclay, Andrew. 2008. ‘The 1661 St Edward’s Crown – Refurbished, Recycled or Replaced?The Court Historian 13(2): 149–70.CrossRefGoogle Scholar
Bingham, Tom. 2011. The Rule of Law. London: Penguin.Google Scholar
Goodhart, Arthur. 1966. Law of the Land. Charlottesville: University of Virginia Press.Google Scholar
Greenberg, Janelle. 2001. The Radical Face of the Ancient Constitution: St Edward’s ‘Laws’ in Early Modern Political Thought. Cambridge: Cambridge University Press.Google Scholar
Hobsbawm, Eric and Ranger, Terence (eds.) 1983. The Invention of Tradition. Cambridge and New York: Cambridge University Press.Google Scholar
Kantorowicz, Ernst H. 1997 [1957]. The King’s Two Bodies: A Study in Mediaeval Political Theology. Princeton, NJ: Princeton University Press.Google Scholar
Keay, Anna. 2002. ‘Toyes and trifles.’ History Today 52(7): 3137.Google Scholar
Keir, D. L. 1936. ‘The Case of Ship-money.’ Law Quarterly Review 52(4): 546–74.Google Scholar
Knowles, Valerie. 2000. Forging Our Legacy: Canadian Citizenship and Immigration, 1900–1977. Ottawa: Public Works and Government Services Canada.Google Scholar
Kós, Stephen. 2014. ‘Constitutional Collision: Fitzgerald v Muldoon v Wild.’ Otago Law Review 13(2): 243306.Google Scholar
Krygier, Martin. 2016. ‘Magna Carta and the Rule of Law Tradition.’ In Papers on Parliament: Magna Carta 800 Symposium Parliament House, Canberra, edited by Waring, Paula, 1130. Canberra: Department of the Senate.Google Scholar
Loughlin, Martin. 2013. The British Constitution: A Very Short Introduction. Oxford: Oxford University Press.Google Scholar
Maitland, Frederic. 1901. ‘The Crown as Corporation.’ Law Quarterly Review 17(2): 131–46.Google Scholar
Malinowski, Bronislaw. 1926. Myth in Primitive Psychology. London: Kegan Paul, Trench, Trubner and Co. Ltd.Google Scholar
Malinowski, Bronislaw. 1944. A Scientific Theory of Culture and Other Essays. Chapel Hill: The University of North Carolina Press.Google Scholar
McIntyre, W. David. 2002. When, If Ever, Did New Zealand Become Independent? Christchurch: Canterbury History Foundation.Google Scholar
McIntyre, W. David. 2007. Dominion of New Zealand: Statesmen and Status, 1907–1945. Wellington: New Zealand Institute of International Affairs.Google Scholar
McLean, Janet. 2015. ‘Crown, Empire and Redressing the Historical Wrongs of Colonisation in New Zealand.’ New Zealand Law Review 2015(2): 187212.Google Scholar
Morris, Nigel. 2008. ‘The Big Question: Why Doesn’t the UK Have a Written Constitution, and Does It Matter?’ The Independent, 14 February 2008. www.Independent.Co.Uk/News/Uk/Politics/The-Big-Question-Why-Doesnt-The-Uk-Have-A-Written-Constitution-And-Does-It-Matter-781975.Html.Google Scholar
Neuberger, David. 2015. ‘Magna Carta: The Bible of the English Constitution or a Disgrace to the English Nation?’ Speech, Guildford Cathedral, 8 June 2015. Accessed 7 April 2018 at www.supremecourt.uk/docs/speech-150618.pdf.Google Scholar
Palmer, Geoffrey. 1979. Unbridled Power: An Interpretation of New Zealand’s Constitution and Government, 2nd edn. Wellington: Oxford University Press.Google Scholar
Palmer, Geoffrey and Butler, Andrew. 2016. A Constitution for Aotearoa New Zealand. Wellington: Victoria University Press.Google Scholar
Palmer, Geoffrey and Butler, Andrew. 2018. Towards Democratic Renewal: Ideas for Constitutional Change in New Zealand. Wellington: Victoria University Press.Google Scholar
Palmer, Geoffrey and Palmer, Matthew. 2004. Bridled Power: New Zealand’s Constitution and Government, 4th edn. Melbourne: Oxford University Press.Google Scholar
Pocock, John G. A. 1987. The Ancient Constitution and the Feudal Law: A Study of English Historical Thought in the Seventeenth Century, 2nd edn. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Quentin-Baxter, Alison and McLean, Janet. 2017. This Realm of New Zealand: The Sovereign, the Governor-General, the Crown. Auckland: Auckland University Press.Google Scholar
Reid, John. 1993. ‘Law and History.’ Loyola of Los Angeles Law Review 27: 193223.Google Scholar
Robertson, Geoffrey. 2010. The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold. New York: Vintage.Google Scholar
Sahlins, Marshall. 1985. Islands of History. Chicago: University of Chicago Press.Google Scholar
Sedley, Stephen. 2017. ‘Short Cuts.’ London Review of Books 39(5): 2627, 2 March 2017.Google Scholar
Sharman, Campbell. 1994. ‘Reforming Executive Power’. In We, the People: Australian Republican Government, edited by Winterton, George, 113124. St. Leonards, New South Wales: Allen and Unwin.Google Scholar
Sinclair, Keith. 1990. ‘Grey, George’. In Dictionary of New Zealand Biography. Accessed 8 March 2018 at teara.govt.nz/en/biographies/1g21/grey-georgeGoogle Scholar
Sorel, Georges. 1999 [1908]. Reflections on Violence. Cambridge: Cambridge University Press.Google Scholar
Sumption, Jonathan 2015. ‘Magna Carta Then and Now: Address to the Friends of the British Library, 9 March 2015.’ Accessed 7 January 2017 at www.supremecourt.uk/docs/speech-150309.pdf.Google Scholar
Taylor, Miles. 2016. ‘The British Royal Family and the Colonial Empire from the Georgians to Prince George.’ In Crowns and Colonies: European Monarchies and Overseas Empires, Studies in Imperialism, edited by Aldrich, Robert and McCreery, Cindy, 2750. Manchester: Manchester University Press.Google Scholar
Thorne, Samuel (ed.) 1968. Henry de Bracton: On the Laws and Customs of England, Volume 2. Cambridge, MA: Harvard University Press.Google Scholar
Twomey, Anne. 2018. The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems. Cambridge: Cambridge University Press.Google Scholar
Waitangi Tribunal . 2014. The Report on Stage 1 of the Te Paparahi o Te Raki Inquiry, He Whakaputanga me te Tiriti – The Declaration and the Treaty, WAI 1040. Wellington: Waitangi Tribunal.Google Scholar
Williams, David V. 1988. ‘The Foundations of Colonial Rule in New Zealand.’ New Zealand Universities Law Review 13(1): 5467.Google Scholar

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