Demise of the Crown
Encyclopedia
In relation to the shared monarchy of the Commonwealth realm
s and other monarchies, the demise of the Crown is the legal term for the end of a reign
by a king
, queen
, or emperor
, whether by death
or abdication
.
The term was coined in English law to signify the immediate transfer of sovereignty and royal prerogative
s to the late king or queen's successor without interregnum
. By confusion, "demise
" is sometimes interpreted as referring to the death of the Sovereign rather than to the transfer of the Crown. This erroneous meaning is undermined by the principle in constitutional law
of the continuity of the monarchy, as expressed in the maxim: "the Crown never dies".
, a meeting of the Accession Council
is held in London
in order to give directions for the proclamation of the late monarch's successor. This meeting is to arrange for the formalities; neither the identity of the next monarch nor their accession to the throne depends on it. The proclamation takes place at St James's Palace, at Charing Cross
, within the City Boundary at Temple Bar
, and at the Royal Exchange. In Canada
the Queen's Privy Council for Canada
meets in Ottawa
to perform the same functions.
Traditionally, the demise of the Crown resulted in the immediate dissolution of Parliament. This requirement was abolished throughout the British Empire
by the Representation of the People Act 1867. A demise of the Crown no longer brings a session or a Parliament to an end. The Succession to the Crown Act 1707
provides that in the event of the demise of the Crown, Parliament, if adjourned or prorogued, must meet as soon as possible and if sitting must immediately proceed to act without any summons in the usual form.
In the UK, under the Representation of the People Act 1985
, if the demise of the Crown occurs during a general election
, the vote is postponed by fourteen days.
At the first meeting of Parliament under a new monarch there is no speech from the Throne
. All Members of Parliament
and members of the House of Lords
take an oath of allegiance
to the new Sovereign. The House votes an Address to the Crown in response to the official notification of the previous monarch's demise, expressing condolences upon the death of the previous monarch and loyalty to his or her successor.
All civil service
and Crown offices also, traditionally, became vacant upon the demise of the Crown. As all staff were employees of the monarch, their employment would end upon the death of the monarch thus all civil servants would have to be rehired and swear out oaths to the new king or queen. The Demise of the Crown Act 1901
in the UK, and similar legislation throughout the other Commonwealth Realm
s, now makes this process unnecessary – they are all employees of the Crown, rather than any particular Sovereign.
Coronation
of the new monarch usually occurs within 18 months but is not necessary to secure the succession.
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s and other monarchies, the demise of the Crown is the legal term for the end of a reign
Reign
A reign is the term used to describe the period of a person's or dynasty's occupation of the office of monarch of a nation or of a people . In most hereditary monarchies and some elective monarchies A reign is the term used to describe the period of a person's or dynasty's occupation of the office...
by a king
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
, queen
Queen regnant
A queen regnant is a female monarch who reigns in her own right, in contrast to a queen consort, who is the wife of a reigning king. An empress regnant is a female monarch who reigns in her own right over an empire....
, or emperor
Emperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
, whether by death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
or abdication
Abdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
.
The term was coined in English law to signify the immediate transfer of sovereignty and royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
s to the late king or queen's successor without interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
. By confusion, "demise
Demise
Demise, in its original meaning, is an Anglo-Norman legal term for a transfer of an estate, especially by lease...
" is sometimes interpreted as referring to the death of the Sovereign rather than to the transfer of the Crown. This erroneous meaning is undermined by the principle in constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
of the continuity of the monarchy, as expressed in the maxim: "the Crown never dies".
United Kingdom
Upon the Crown's demise, in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, a meeting of the Accession Council
Accession Council
In the United Kingdom, the Accession Council is a ceremonial body which assembles in St. James's Palace upon the death of a monarch , to make a formal proclamation of the accession of his or her successor to the throne, and to receive a religious oath from the new monarch...
is held in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in order to give directions for the proclamation of the late monarch's successor. This meeting is to arrange for the formalities; neither the identity of the next monarch nor their accession to the throne depends on it. The proclamation takes place at St James's Palace, at Charing Cross
Charing Cross
Charing Cross denotes the junction of Strand, Whitehall and Cockspur Street, just south of Trafalgar Square in central London, England. It is named after the now demolished Eleanor cross that stood there, in what was once the hamlet of Charing. The site of the cross is now occupied by an equestrian...
, within the City Boundary at Temple Bar
Temple Bar, London
Temple Bar is the barrier marking the westernmost extent of the City of London on the road to Westminster, where Fleet Street becomes the Strand...
, and at the Royal Exchange. In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
the Queen's Privy Council for Canada
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
meets in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
to perform the same functions.
Traditionally, the demise of the Crown resulted in the immediate dissolution of Parliament. This requirement was abolished throughout the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
by the Representation of the People Act 1867. A demise of the Crown no longer brings a session or a Parliament to an end. The Succession to the Crown Act 1707
Succession to the Crown Act 1707
The Succession to the Crown Act 1707 is an Act of Parliament of the Parliament of Great Britain which is still in force in the United Kingdom, with amendments...
provides that in the event of the demise of the Crown, Parliament, if adjourned or prorogued, must meet as soon as possible and if sitting must immediately proceed to act without any summons in the usual form.
In the UK, under the Representation of the People Act 1985
Representation of the People Act 1985
The Representation of the People Act 1985 is an Act of the Parliament of the United Kingdom concerning British electoral law.The Act allows British citizens who are resident outside the United Kingdom to qualify as "overseas electors" in the constituency for which they were last registered for a...
, if the demise of the Crown occurs during a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
, the vote is postponed by fourteen days.
At the first meeting of Parliament under a new monarch there is no speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
. All Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and members of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
take an oath of allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
to the new Sovereign. The House votes an Address to the Crown in response to the official notification of the previous monarch's demise, expressing condolences upon the death of the previous monarch and loyalty to his or her successor.
All civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
and Crown offices also, traditionally, became vacant upon the demise of the Crown. As all staff were employees of the monarch, their employment would end upon the death of the monarch thus all civil servants would have to be rehired and swear out oaths to the new king or queen. The Demise of the Crown Act 1901
Demise of the Crown Act 1901
The Demise of the Crown Act 1901 is an Act of Parliament of the Parliament of the United Kingdom.It provides that the holding of any office under the Crown is not to be affected in any way by the death of the reigning monarch, and that it is not necessary for anyone to be reappointed to a position...
in the UK, and similar legislation throughout the other Commonwealth Realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, now makes this process unnecessary – they are all employees of the Crown, rather than any particular Sovereign.
Coronation
Coronation of the British monarch
The coronation of the British monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...
of the new monarch usually occurs within 18 months but is not necessary to secure the succession.