Monarchy of Barbados
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| Queen of Barbados | |
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| Monarchy | |
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| Incumbent: Elizabeth II |
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| Style: | Her Majesty |
| Heir apparent: | Charles, Prince of Wales |
| First monarch: | Elizabeth II |
| Formation: | November 30, 1966 |
| Barbados | |
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The monarchy of Barbados, also known as the Barbadian monarchy, is a system of government in which a hereditary monarch is the sovereign of Barbados, holding the position of head of state; the incumbent is Elizabeth II, officially called Queen of Barbados, who has reigned since November 30, 1966. The heir apparent is Elizabeth's eldest son, Prince Charles, though the Queen is presently the only member of the Barbadian Royal Family with any constitutional role. She, her husband and consort, Prince Philip, Duke of Edinburgh, Prince Charles, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions across Barbados and on behalf of Barbados abroad.
Most of the Queen's powers in Barbados are exercised by the Governor General, presently Sir Clifford Husbands, though the monarch does hold several powers that are hers alone. The Governor-General maintains direct contact with the monarch.
The Barbadian monarch, besides reigning in Barbados, separately serves as head of state for each of fifteen other Commonwealth realms. This developed from the former colonial relationship of these countries to Britain, but they are now independent and the monarchy of each is legally distinct.
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[edit] Origins
The current Barbadian monarchy can trace its ancestral lineage back to the Anglo-Saxon period, and ultimately back to the kings of the Angles and the early Scottish kings. The territories that today comprise Barbados were claimed under King James I and VI in 1625. The island was developed as a British colony over the centuries until the country was proclaimed fully independent, via constitutional patriation, by Queen Elizabeth II in 1966.
[edit] International and domestic aspects
Sixteen states within the 53-member Commonwealth of Nations are in a personal union relationship and are known as Commonwealth realms;[1][2][3][4] Barbados is one of these. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms is sovereign and independent of the others.[5]
[edit] Development of shared monarchy
The Balfour Declaration of 1926 provided the Dominions of the British Empire the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of a shared Crown that operates independently in each realm rather than a unitary British Crown under which all the Dominions were secondary. The monarchy thus ceased to be an exclusively British institution, although it has often been called "British" since this time (in both legal and common language) for reasons historical, political, and of convenience. The Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster, 1931. Barbados was never a Dominion, however, these same laws became part of the country's constitution upon independence from the United Kingdom.
Though constitutional laws governing the line of succession to the Barbadian throne lie within the control of the Barbadian parliament, via adopting the Statute of Westminster, Barbados agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship. This situation applies symmetrically in all the other realms, including the United Kingdom, a situation that has been likened to a treaty amongst these countries.[6]
On all matters of the Barbadian state, the monarch is advised solely by her Barbadian Ministers of the Crown. Effective with the Constitution of 1966, no British or other realm government can advise the monarch on any matters pertinent to Barbados.
[edit] Title
In Barbados, the Queen's official title is:
- Elizabeth the Second, by the Grace of God, Queen of Barbados and of Her other Realms and Territories, Head of the Commonwealth.
This style communicates Barbados' status as an independent monarchy, highlighting the sovereign's role specifically as Queen of Barbados, as well as the shared aspect of the Crown throughout the realms, by mentioning Barbados separately from the other countries. Typically, the sovereign is styled Queen of Barbados, and is addressed as such when in Barbados, or performing duties on behalf of Barbados abroad.
- Further information: List of titles and honours of Queen Elizabeth II
[edit] Finance
Barbadians do not pay any money to the Queen, either for personal income or to support the royal residences outside of Barbados. Only when the Queen is in Barbados, or acting abroad as Queen of Barbados, does she draw from Barbadian coffers for support in the performance of her duties. This rule applies equally to other members of the Royal Family. Usually the Queen's Barbadian government pays only for the costs associated with the Governor-General in his exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices, ceremonial occasions, etc.
[edit] Succession
The heir apparent is Elizabeth II's eldest son, Charles. Upon the demise of the Crown the Cabinet of Barbados is expected to proclaim him King of Barbados upon his accession to the throne.
Succession to the throne is by male-preference primogeniture, and governed by the provisions of the Act of Settlement, 1701, as well as the English Bill of Rights; these documents, part of the Constitution of the United Kingdom, are defered to through Barbadian constitutional law, under control of the Barbadian parliament only. This legislation restricts the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover (1630–1714), a granddaughter of James I, and lays out the rules that the monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England upon ascending the throne. As Barbados' laws of succession are those of the United Kingdom, see Succession to the British Throne for more information.
Upon a "demise in the Crown" (the death of a sovereign), his or her heir immediately and automatically succeeds, without any need for confirmation or further ceremony; hence arises the phrase "The King is dead. Long live the King!" Nevertheless, it is customary for the accession of the sovereign to be publicly proclaimed. After an appropriate period of mourning has passed, the sovereign is also crowned in Westminster Abbey, normally by the Archbishop of Canterbury. A coronation is not necessary for a sovereign to reign; for example, Edward VIII was never crowned, yet was undoubtedly king during his short reign.
After an individual ascends the throne, he or she continues to reign until death. Monarchs are not allowed to unilaterally abdicate; the only monarch to abdicate, Edward VIII, did so before Barbados was independent, and even then with the authorization of specials Acts of Parliament in the Dominions.
[edit] Constitutional role
Barbados' constitution is made up of a variety of statutes and conventions that are either British or Barbadian in origin, which gives Barbados a similar parliamentary system of government to the other Commonwealth realms. All powers of state are constitutionally reposed in the monarch, who is represented by the Governor-General of Barbados – appointed by the monarch upon the advice of the Prime Minister of Barbados. Most of the Queen's domestic duties are performed by these vice-regal representative.
As all executive authority is vested in the sovereign, the institutions of government are said to act under her authority.
[edit] Constitutional duties
The role of the Queen and the Governor-General is both legal and practical; the Crown is regarded as a corporation, in which several parts share the authority of the whole, with the Queen as the person at the centre of the constitutional construct.[7]
The vast powers that belong to the Crown, collectively known as the Royal Prerogative, include many powers, such as the ability to make treaties and send ambassadors and include certain duties, such as defense the realm and to maintenance of the Queen's peace. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the consent of the Crown must be obtained before either of the Houses of Parliament may even debate a bill affecting the sovereign's prerogatives or interests. It is important to note that the Royal Prerogative belongs to the Crown, and not to any of the ministers, though it may sometimes appear that way.[7] Although the Royal Prerogative is extensive, it is not unlimited. For example, the monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorization of an Act of Parliament.
The Crown appoints a prime minister, who advises the monarch and Governor-General on how to execute their executive powers. In accordance with unwritten constitutional conventions, the monarch or Governor-General must appoint the individual most likely to maintain the support of the House of Commons: usually, the leader of the party with a majority in that house. In a parliament in which no party or coalition holds a majority, the Crown is required, by convention, to appoint the individual most likely to command the support of the House of Assembly, usually, but not necessarily, the leader of the largest party.
It is a duty of the Crown to also appoint and dismiss ministers, members of various executive agencies, and other officials. The appointment of Senators and the Speaker of the Senate also falls under the Royal Prerogative, though these duties are specifically assigned to the Governor-General by the Constitution of 1966. Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers.
In addition, it is the Crown's prerogative to declare war, make peace, and direct the actions of the military, although the Prime Minister holds de facto decision-making power over the armed forces. The Royal Prerogative also extends to foreign affairs: the sovereign or Governor-General may negotiate and ratify treaties, alliances, and international agreements; no parliamentary approval is required. However, a treaty cannot alter the domestic laws of Barbados; an Act of Parliament is necessary in such cases. The Governor-General, on behalf of the Queen, also accredits Barbadian High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all Barbadian passports are issued in the monarch's name. In Barbados, major public inquiries are called Royal Commissions, and are created by the Cabinet, on behalf of the monarch, through a Royal Warrant.
The sovereign is one of the three components of parliament; the others are the Senate and the House of Assembly. The Constitution of 1966 also outlines that the Governor-General alone is responsible for dissolving the parliament and dismissing a prime minister. The new parliamentary session is marked by the State Opening of Parliament, during which either the monarch or the Governor-General reads the Speech from the Throne in the Senate Chamber, outlining the Government's legislative agenda. A general election follows dissolution, the writs for which are dropped by the Governor-General at Government House.
There are also a few duties which must be specifically performed by, or bills that require assent by, the Queen. These include signing the appointment papers of Governors-General, the confirmation of awards of Barbadian honours, and the approval of any change in her Barbadian title.
The Queen will almost always perform these tasks on the advice of her Prime Minister, illustrating that because the Barbadian monarchy is a constitutional one, the powers that are constitutionally the monarch's are exercised almost wholly upon the advice of the Prime Minister and the Ministers of the Crown in Cabinet, who are, in turn, accountable to the democratically elected House of Assembly, and through it, to the people. It has been said since the death of Queen Anne in 1714, the last monarch to head the British cabinet (when Barbados was still colonial territory), that the monarch "reigns" but does not "rule". In Barbados, this has been true since the Glorious Revolution ended the reign of Barbados' last absolute monarch, King James II. This means that the monarch's role, and thereby the viceroy's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate. The Queen is fully briefed through regular communications from her Barbadian ministers, and holds audience with them where possible.
In exceptional circumstances, however, the monarch or vice-regal representative can act against such advice based upon his or her reserve powers[7]
[edit] Referendum
In November 2007 it was announced that a referendum on the future of the Barbadian monarchy was to be held in August 2008, concurrently with Parliamentary elections. However, it was reported on 2 December 2007 that the vote was to be put off, so the referendum will not be held concurrently with the parliamentary elections[8].
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[edit] References
- ^ Zines, The High Court and the Constitution, 4th ed. (1997) at 314: "The Queen as monarch of the United Kingdom, Canada, Australia and New Zealand is in a position resembling that of the King of Scotland and of England between 1603 and 1707 when two independent countries had a common sovereign"; the relationship between England and Scotland during those years is described as a personal union.
- ^ P. E. Corbett (1940). "The Status of the British Commonwealth in International Law". The University of Toronto Law Journal 3 (2): 348–359. doi:.
- ^ F. R. Scott (January 1944). "The End of Dominion Status". The American Journal of International Law 38: 34–49. doi:.
- ^ R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
- ^ The English Court of Appeal ruled in 1982, while "there is only one person who is the Sovereign within the British Commonwealth... in matters of law and government the Queen of the United Kingdom, for example, is entirely independent and distinct from the Queen of Canada." R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999 HCA 30; 23 June 1999; S179/1998 and B49/1998]
- ^ Justice Rouleau in a 2003 court ruling wrote that "Union under the... Crown together with other Commonwealth countries [is a] constitutional principle." O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.)
- ^ a b c Cox, Noel; Murdoch University Electronic Journal of Law: Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002)
- ^ Vote Off. The Nation (2 December 2007). Retrieved on 2007-12-05.
