The Crown

: For usages of The Crown in the Polish-Lithuanian Commonwealth, see Crown of the Polish Kingdom. For the venue in Cincinnati, Ohio, see U.S. Bank Arena. For the Swedish metal band, see The Crown (band). For other general usages, see Crown.

Crown in Right of ... / Exercise of the rights of the Crown

In Commonwealth law, the expression "Crown in right of ..." is often used: e.g., the Crown in right of the United Kingdom, the Crown in right of Canada, the Crown in right of the Commonwealth of Australia, the Crown in right of the State of New South Wales, etc.

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In practice, in the vast majority of cases, the powers of the Crown outside the United Kingdom are not exercised by the Monarch personally, but rather by a Governor-General, Governor or Lieutenant-Governor (as the case may be), on the advice of the ministers of the local Federal/National, State or Provincial government. However, in those few cases where the Monarch exercises these powers directly, she does so on the advice of the ministers of that government.

Related Topics:
Governor-General - Governor - Lieutenant-Governor

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The powers which belong to the Crown in right of a particular dominion can only be exercised on the advice of the ministers of the dominion. So, for example, the rights which the Crown possesses in right of the United Kingdom can only be exercised under the advice of British ministers, and the rights which the Crown possesses in right of Canada can only be exercised under the advice of Canadian ministers. The British Prime Minister cannot advise Her Majesty in exercise of her rights in regard to Canada, nor can the Canadian Prime Minister advise her in exercise of her rights in regard to the United Kingdom.

Related Topics:
British ministers - Canadian ministers - British Prime Minister - Canadian Prime Minister

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The Monarch, or her appointed representative, has the right to refuse the advice of ministers, and act instead in accordance with their personal views. However, these "reserve powers" are almost never used, outside of times of constitutional crisis.

Related Topics:
Reserve powers - Constitutional crisis

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Each of Canada and Australia is a federation. Therefore, besides the Crown in right of the Canada and the Crown in right of the Commonwealth of Australia, there are Crowns in right of each Canadian province and each Australian state. For example, in the Canadian province of British Columbia, there is the Crown in right of the Province of British Columbia. The rights which the Crown possesses in right of a Canadian province are exercised by the province's Lieutenant-Governor (not the Governor General of Canada) and such rights are exercised under the advice of the provincial ministers (not the federal ministers); the situation in Australia is analogous.

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