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The Queen has more power over British law than we thought

theguardian.com

581–590 of 599 posts

Re: The Queen has more power over British law than we thought

#581

Earlier quoted context omitted.

> Drawing rhetorical analogies is one thing, but exactly which human rights do you feel would be violated by applying these proposals to the royal family? The right to not be punished by the state for anything that was legal at the time one did it, by way of a future law change. Saying “ It is not a form of punishment; it is simply a procedural change. ” can be used to enable any such matter. > Also just to note this…

> Saying “ It is not a form of punishment; it is simply a procedural change. ” can be used to enable any such matter. Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it. In this case, it's also worth noting that most of the monarchy's private assets are vast amounts of property and land, of which they are the landlords. The state seizing and adm…

> Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it.

No, in this particular case, it can only be claimed if there be no law against it.

The principle is quite simple: no man can be punished for any act that was not illegal when he committed it, no matter the act.

No matter how unfair the punishment, if it were indeed legal as he committed the act, the argument cannot be raised.

> In this case, it's also worth noting that most of the monarchy's private assets are vast amounts of property and land, of which they are the landlords. The state seizing and administering this property for the benefit of the country, rather than to perpetually enrich this elite, is a public good.

Perhaps it is, and the same argument can be made for seizing the property of the very rich, but this is entirely unrelated.

The difference is that a new law can be passed that the rich should surrender their property, and if they not do so, then they commit a crime, at the time it is so written in the law books.

Likewise, the former monarchs can be punished for being unwilling to surrender their power if ever the law change, and it no longer permit them to monarch; — they simply cannot be punished for their time as monarch when this was still legal, under this scheme.

> Rather than taking this to be a punishment on the royals, consider it an anti-punishment on the people afflicted by their predatory rent-seeking behaviour.

The argument was about their exile, not their assets being seized.

Their assets can easily be seized without any retroactive application of the law.

Of course, if the new law target only the former monarchs, and not every similarly wealthy man, then it goes against the other human right of fair justice and æquality before the law.

Re: The Queen has more power over British law than we thought

#582
post #275

Earlier quoted context omitted.

> And of course Dicey himself was not empowered with any special authority, but rather assembled a rational argument based primarily on historical precedent, which has subsequently been broadly accepted by figures in authority in the UK but is still, like everything else about our constitution, more a matter of convention than clear popular mandate. Isn't that true of any such system? The US may have a written consti…

Isn't that true of any such system? The US may have a written constitution, but that would be just a piece of paper if it weren't for the conventions surrounding it. Perhaps, but I think there is a profound difference in the legitimacy and authority of a system of government if there has at some point been a clear demonstration that the general public consent to it. The ideal might be a popular vote to accept the ori…

> The important point is that the final authority on the system of government is the people being governed, directly.

Well, the will of the people can't bind itself, so I'd say the current system reflects that pretty well.

> According to our current constitution as generally accepted, the courts can't overrule the will of Parliament. That is parliamentary supremacy in action.

Sure, but this is also, as you said, just a matter of convention and precedent. Jackson suggests the consensus has already shifted somewhat away from absolute parliamentary supremacy.

Re: The Queen has more power over British law than we thought

#583

Earlier quoted context omitted.

I only spoke to the inherent incentives and risks for each type of leader: monarch and President. The rest of that stuff you filled in on your own.

The rest of what I filled in on my own is reality. The motivations you propose constitute a limited theory on how leaders of nations behave. Comparing your theory to thousands of years of actuality ought to cause a rational actor to conclude your theory is at best so incomplete as to be useless and at worst completely wrong.

You appear to have imagined that I suggested there is one and only one narrow motivation for Presidents/monarchists regarding their own personal wealth and that single narrow motivation would be the only thing impacting their behavior. I made no such suggestion. Therefore all of your extrapolations are invalid.

Re: The Queen has more power over British law than we thought

#584

Earlier quoted context omitted.

> Saying “ It is not a form of punishment; it is simply a procedural change. ” can be used to enable any such matter. Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it. In this case, it's also worth noting that most of the monarchy's private assets are vast amounts of property and land, of which they are the landlords. The state seizing and adm…

> Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it. No, in this particular case, it can only be claimed if there be no law against it. The principle is quite simple: no man can be punished for any act that was not illegal when he committed it, no matter the act. No matter how unfair the punishment, if it were indeed legal as he committed the a…

> The argument was about their exile, not their assets being seized.

A fair point, I did pivot back from answering this regarding exile.

If we consider why a set of international human rights principles were pushed in the first place, it was to act as a preventative measure against totalitarian governments abusing their citizens, and in particular, was a reaction to how the Nazis brutalized and killed millions of people during and prior to WW2.

What it wasn't intended for, is restricting how exactly to transfer power within a state.

Article 9 of the UHDR states that:

> No one shall be subjected to arbitrary arrest, detention or exile.

The key qualifying word here is "arbitrary". For ordinary citizens, this is taken to mean that due process and the rule of law must be applied. For a head of state who is ordinarily immune from prosecution (as the Queen and her family are), it can't mean this, because the normal due process doesn't apply to them.

So if Britain did abolish its monarchy, the only interpretation of "arbitrary" that makes sense here is that the monarchy be treated according to the protocols decided for establishing the new republic. And if this statute outlines a process for exile, then so be it.

(Conversely, if it says nothing about exile, but the new government attempts to do so anyway, then this may well be in breach of Article 9.)

> Of course, if the new law target only the former monarchs, and not every similarly wealthy man, then it goes against the other human right of fair justice and æquality before the law.

As noted above, this already doesn't apply to the royal family. They are protected from any legal consequences for their actions that would apply to an ordinary citizen.

Targeting them specifically would simply be redressing this imbalance of justice and power.

Re: The Queen has more power over British law than we thought

#586
post #565
post #519

Earlier quoted context omitted.

> My personal pocket philosophy is that the money we pay the royal family is the cost of a peaceful transformation to democracy. The transition is done, if you stopped now there would be no revolution to keep the monarchy.

> The transition is done, if you stopped now there would be no revolution to keep the monarchy. True, now we're just paying interest on a purchase made generations ago. Is that so bad? I assume it'll go away if the monarchy becomes unpopular.

> Is that so bad?

Is funneling tons of taxpayer money to some useless family of millionaires bad?

Yes, I think so. It's a moral failure and should just stop.

Re: The Queen has more power over British law than we thought

#587

Earlier quoted context omitted.

> what on earth was Australia voting on – they already have that. As you said they were voting to replace the “Queen” and become a republic. But for the Queen Australia would be a constitutional republic, hence the vote to remove the Queen to become a republic. It goes without saying the Queen (Monarch)is not elected and Queen’s heirs will succeed the Queen’s powers. It’s not enough that otherwise Australia has an el…

> It goes without saying the Queen (Monarch)is not elected and Queen’s heirs will succeed the Queen’s powers The Queen has basically zero powers in practice. Her role is purely symbolic, with no practical relevance. Her symbolic existence, whether it be good symbolism or bad symbolism, does not change the fact that Australia already has, in every practical sense of the word, "a form of government where the people are…

Beg you pardon, but note page 7, question 2, and I quote:

>The United States, under its Constitution, is a federal, represent- ative, democratic republic, an indivisible union of 50 sovereign States. With the exception of town meetings, a form of pure democ- racy, we have at the local, state, and national levels a government which is: ‘‘federal’’ because power is shared among these three lev- els; ‘‘democratic’’ because the people govern themselves and have the means to control the government; and ‘‘republic’’ because the people choose elected delegates by free and secret ballot.

Nowhere does it say it is a representative democracy, but it does state there is the occasional town meeting which is purely democratic in nature.

It explicitly states a republic with a democratic character, specifically in the sense whereby the democratic part refers to that character by which the people are the ultimate source of control over the government.

Props for the citations though. I had to check. Also, note that Congressional Resolutions are a glorified instance of "Hey voters, we have an opinion!" and are largely irrelevant to anyone that actually is already a citizen. Many would prefer that Congress spend more time not making resolutions, and more time solving actual problems.

Now your 0th source is interesting, and I see no indication of when that document entered circulation. However, depending on the administration in power, or who has approval authority, it's best to just kind of average things out based on what you're trying to do.

Though note, if this document is part of the process of becoming a citizen, this is taking surprising liberties with more foundational documents, and shown to the right representative in a bad enough mood, that it may ruin a civil servant's day by having to be rewritten. It's a back and forth sort of thing.

In short, try not to take it too seriously, like those of us that obsess over documents do. It just leads to migraines and frustration.

Re: The Queen has more power over British law than we thought

#588

Earlier quoted context omitted.

I expect to be downvoted for this but I think there is an appeal in an institution that dogmaticaly upholds a "higher" ideal of human behavior. They try to provide us with an example of how a hypothetical family with essentially unlimited resources that is born into this world with a social duty should theoretically behave. They also show us constant examples that human emotions are a factor regardless of your socio-…

What you describe is noblis oblige. It's a long standing cultural force ofarguable efficacy peculiar in particular to France/Britain. Elsewhere, there are alternative viewpoints. The funny thing is that your proposed institution assumes the layman is the one who needs to be taught or reminded more often than not.

Thanks for letting me know what the proper term is. I think it's very interesting.

Re: The Queen has more power over British law than we thought

#589

Earlier quoted context omitted.

> It goes without saying the Queen (Monarch)is not elected and Queen’s heirs will succeed the Queen’s powers The Queen has basically zero powers in practice. Her role is purely symbolic, with no practical relevance. Her symbolic existence, whether it be good symbolism or bad symbolism, does not change the fact that Australia already has, in every practical sense of the word, "a form of government where the people are…

Beg you pardon, but note page 7, question 2, and I quote: >The United States, under its Constitution, is a federal, represent- ative, democratic republic, an indivisible union of 50 sovereign States. With the exception of town meetings, a form of pure democ- racy, we have at the local, state, and national levels a government which is: ‘‘federal’’ because power is shared among these three lev- els; ‘‘democratic’’ beca…

> Nowhere does it say it is a representative democracy

I quoted page 8 saying exactly that! (Question 5, "The Constitution") "The original charter, which replaced the Articles of Confederation and which became operative in 1789, established the United States as a federal union of States, a representative democracy within a republic"

It says the US Constitution established the United States as "a representative democracy within a republic". This isn't talking about direct democracy at the local level – the US Constitution has nothing to say on that topic. It is saying that the United States itself, federally, is "a representative democracy within a republic".

> In short, try not to take it too seriously, like those of us that obsess over documents do. It just leads to migraines and frustration.

You claimed I was redefining words. I provided evidence that the US Citizenship and Immigration Service and the US Congress uses definitions closer to mine than to yours. You then tell me not to "take it too seriously"? Maybe you could just have said, "No, I was mistaken to say you were redefining words, you aren't".

Definitions are based on usage after all. If the way I (a guy in Australia) use a word is (roughly) the same as the way the US Congress uses it, that is pretty strong evidence that way of using it is mainstream and legitimate

Re: The Queen has more power over British law than we thought

#590

Earlier quoted context omitted.

And Buckingham is part of the Crown Estate, which is not the private property of the monarch.

No, Buckingham Palace and other “occupied” royal palaces are not part of the Crown Estate. ”The palace, like Windsor Castle, is owned by the reigning monarch in right of the Crown. Occupied royal palaces are not part of the Crown Estate, but nor are they the monarch's personal property, unlike Sandringham House and Balmoral Castle.”

Did some research; think I’ve figured it out. See whether this is correct.

Occupied palaces, like Buckingham Palace, are owned by the reigning monarch ‘in right of the Crown’ (like you pointed out).

Similarly, the Crown Estate belongs to the reigning monarch ‘in right of The Crown’.

“In right of The Crown” means it is owned by the monarch for the duration of their reign, by virtue of their accession to the throne.

So, you are correct (and I was wrong) that Buckingham is not part of the Crown Estate.

Notwithstanding this technicality, would you agree that the overarching point remains that it isn’t as if “the money goes to the monarch for their personal enjoyment” (which is what I interpreted you implied), but towards Buckingham renovations, which is a property of The Crown[1] (i.e the state) and which in turn is embodied by the reigning monarch.

It sounds to me as if the monarch is like a custodian/shepherd of these assets for the benefit of the state (the crown).

[1] https://en.wikipedia.org/wiki/The_Crown

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