'
Antigua and Barbuda' is a '
constitutional monarchy' and a
Commonwealth realm, with
Queen Elizabeth II as its
reigning monarch since
November 1,
1981. As such she is Antigua and Barbuda's
Sovereign and
head of state and officially called
Queen of Antigua and Barbuda.
Most of the Queen's powers in Antigua and Barbuda are exercised by the
Governor General, presently
Louise Lake-Tack, though the Monarch does hold several powers that are hers alone.
The Queen is the only member of the
Antiguan and Barbudian Royal Family with any
constitutional role; she, her husband,
Prince Philip, Duke of Edinburgh, their son
The Prince of Wales, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions within Antigua and Barbuda and abroad.
Origins
The current Antiguan and Barbudian
monarchy can trace its ancestral lineage back to the
Anglo-Saxon and
Merovingian periods, and ultimately back to the
kings of the Angles, the early
Scottish kings, and the
Frankish kingdom of
Clovis I. Parts of the territories that today comprise Antigua and Barbuda were claimed under King
Charles I in 1632. The country was proclaimed fully independent, via constitutional patriation, by Queen
Elizabeth II in 1981.
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] Antigua and Barbuda is one of these, therefore the Antiguan and Barbudian Monarchy is part of one shared amongst former territories of the
British Empire. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms is sovereign and independent of the others.
[5]
:''See also:
Commonwealth realm: Constitutional implications''
Development of shared monarchy
The
Balfour Declaration of 1926 provided the
Dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, 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, legal, 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.
Under the Statute of Westminster, Antigua and Barbuda has a common monarchy with Britain and the other
Commonwealth realms, and though laws governing the line of succession to the Antiguan and Barbudian throne lie within the control of the
Antiguan and Barbudian Parliament, Antigua and Barbuda cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship by means of a constitutional amendment. This situation applies symmetrically in all the other realms, including the UK.
On all matters of the Antiguan and Barbudian State, the Monarch is advised solely by Antiguan and Barbudian
ministers. Effective with the patriation of Antigua and Barbuda's Constitution, no British or other realm government can advise the Monarch on any matters pertinent to Antigua and Barbuda.
Title
In Antigua and Barbuda, the Queen's official title is:
★ ''Elizabeth the Second, by the Grace of God, Queen of Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.''
This style communicates Antigua and Barbuda's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Antigua and Barbuda, as well as the shared aspect of the Crown throughout the realms, by mentioning Antigua and Barbuda separately the other Commonwealth realms. Typically, the Sovereign is styled "Queen of Antigua and Barbuda," and is addressed as such when in Antigua and Barbuda, or performing duties on behalf of Antigua and Barbuda abroad.
Finance
Antiguans and Barbudians do not pay any money to the Queen, either for personal income or to support the royal residences outside of Antigua and Barbuda. Only when the Queen is in Antigua and Barbuda, or acting abroad as Queen of Antigua and Barbuda, does the Antiguan and Barbudian government support her in the performance of her duties. This rule applies equally to other members of the Royal Family.
Usually the Queen's Antiguan and Barbudian government pays only for the costs associated with the Governor General in his or her exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices, ceremonial occasions, etc.
Succession
The
heir apparent is Elizabeth II's eldest son,
Charles. The Governor General is expected to proclaim him King of Antigua and Barbuda upon his accession to the Throne upon the
demise of the Crown.
Succession to the throne is by
male-preference primogeniture, and governed by the provisions of the
''Act of Settlement'', as well as the
English ''Bill of Rights''. These documents, though originally passed by the
Parliament of England, are now part of Antiguan and Barbudian constitutional law, under control of the Antiguan and Barbudian parliament only. As such, the rules for succession are not fixed, but may be changed by a constitutional amendment.
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 Antigua and Barbuda's laws governing succession are currently identical to those of the United Kingdom (by the ''Statute of Westminster'') 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 rule; 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; no Antiguan and Barbudian monarch has abdicated.
Constitutional role
Antigua and Barbuda's constitution is made up of a variety of statutes and conventions that are either British or Antiguan and Barbudian in origin, which gives Antigua and Barbuda a similar parliamentary system of government as the other Commonwealth realms. All powers of state are constitutionally reposed in the Monarch, who is represented in the country by the
Governor-General of Antigua and Barbuda — appointed by the Monarch upon the advice of the
Prime Minister of Antigua and Barbuda; most of the Queen's domestic duties are performed by these
vice-regal representative.
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.
The vast powers that belong to the Crown are collectively known as the
Royal Prerogative, which includes many powers such as the ability to make treaties or send
ambassadors, as well as certain duties such as to defend the realm and to maintain 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 House 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.
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 is responsible for appointing a Prime Minister. 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 which has a majority in that House. If no party has a majority, two or more groups may form a coalition, whose agreed leader is then appointed Prime Minister. 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 Commons, usually, but not necessarily, the leader of the largest party. Situations can arise in which the Governor General's judgement about the most suitable leader to be Prime Minister has to be brought into play. The Queen is informed by the Governor General of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and members of the Ministry.
It is a duty of the Crown to also appointment and dismiss ministers, members of various executive agencies, other officials. The appointment of
Senators and the Speaker of the Senate also falls under the Royal Prerogative. 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 the Antigua and Barbuda; an Act of Parliament is necessary in such cases. The Governor General, on behalf of the Queen, also accredits Antiguan and Barbudian
High Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all Antiguan and Barbudian
passports are issued in the Monarch's name. In Antigua and Barbuda 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 Representatives. The Governor General is also responsible for summoning the House of Commons, though it remains the Monarch's prerogative to
prorogue, and
dissolve Parliament. The new parliamentary session is marked by the
State Opening of Parliament, during which either the Sovereign of the Governor General reads the
Speech from the Throne in the Senate Chamber, outlining the Government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. Dissolution, the timing of which is affected by a variety of factors, ends a parliamentary term (which lasts a maximum of five years), and is followed by general elections for all seats in the House of Commons. The Monarch or Governor General may theoretically refuse a dissolution.
Because the Antiguan and Barbudian Monarchy is a constitutional one, the powers that are constitutionally the Monarch's are exercised almost wholly upon the advice of his or her
Prime Minister and the
Ministers of the Crown in Cabinet, who are, in turn, accountable to the democratically elected House of Commons, 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, that the monarch "reigns" but does not "rule". This means that the Monarch's role, and thereby the Vice-regent's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate.
Legal role
All laws in Antigua and Barbuda are enacted with the sovereign's, or the vice-regal's signature. The granting of a signature to a bill is known as
Royal Assent; it and proclamation are required for all acts of Parliament, usually granted or withheld by the Governor General, with the Public Seal of Antigua and Barbuda. The Vice-regal may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill (within a time limit specified by the Constitution).
The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable. In international cases, as a
sovereign and under established principles of
international law, the Queen of Antigua and Barbuda is not subject to suit in foreign courts without her express consent.
The Sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Antigua and Barbuda the legal personality of the
State is referred to as "Her Majesty the Queen in Right of Antigua and Barbuda." For example, if a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Right of Antigua and Barbuda. The monarch as an individual takes no more role in such an affair than in any other business of government.
The Oath of Allegiance is required by law to be sworn by new members of the
Royal Antigua and Barbuda Defence Force,
police officers, and parliamentarians; it is an oath to the Monarch as Sovereign of Antigua and Barbuda, and to his/her heirs and successors according to law. The Oath of Allegiance is as follows:
:''I, ___________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God. (To be omitted in affirmation).''
History
Elizabeth II, Queen of Antigua and Barbuda, and her husband, the royal consort
the Duke of Edinburgh, included the Antigua and Barbuda in their
Caribbean tour of 1966, and in the
Silver Jubilee tour of October, 1977. The Queen visited again in 1985.
[6]
The
Earl of Wessex opened Antigua and Barbuda's new parliament building on the country's twenty fifth anniversary of independence, October 30, 2006, reading a message from his mother, the Queen.
See also
★
Prime Ministers of Queen Elizabeth II
★
List of Commonwealth visits made by Queen Elizabeth II
★
Dominion
★
Commonwealth realm
★
List of monarchies
External links
★
1981 Constitution of Antigua and Barbuda
Footnotes
1. 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.
2. The Status of the British Commonwealth in International Law, P. E. Corbett, , , The University of Toronto Law Journal,
3. The End of Dominion Status, F. R. Scott, , , The American Journal of International Law,
4. [http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html 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]
5. 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." [http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html 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]
6. Buckingham Palace: Monarchy Today: Queen and Commonwealth: Other Caribbean realms
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