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1 - Introduction

A Shapeshifting Enigma: The Crown in Australia, Canada, New Zealand and the United Kingdom

Published online by Cambridge University Press:  13 January 2019

Cris Shore
Affiliation:
University of Auckland
David V. Williams
Affiliation:
University of Auckland
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Summary

The Crown is pivotal to the constitutions of Australia, Canada, New Zealand and the United Kingdom. It ratifies laws, collects taxes, owns land, signs treaties, bestows honors on some citizens, incarcerates others and commands allegiance from its subjects. Yet despite its ubiquity, the Crown is slippery, elusive and poorly understood. Is it the Queen, the government, the state, a corporation sole or aggregate, a feudal relic, a metaphor or a mask for executive power? How is it embodied, and what remains of its powers and immunities? These questions introduce the main theoretical issues addressed in this book, including debates about sovereignty, constitutional reform, the efficacy of political rituals and the power of symbolism. I argue that unmasking the Crown provides critical insights into the nature of the state in the Westminster system of government. The Crown is a legal fiction but also a social fact that operates differently in each realm. I show how its complex, ambiguous and contradictory meanings work as instruments of statecraft. By combining anthropological, political and legal perspectives, new insights can be gained into the elusive nature of the Crown.
Type
Chapter
Information
The Shapeshifting Crown
Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
, pp. 1 - 28
Publisher: Cambridge University Press
Print publication year: 2019

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References

Abrams, Philip. 1988. ‘Notes on the Difficulty of Studying the State (1977).’ Journal of Historical Sociology 1(1): 5889.Google Scholar
Agamben, Giorgio. 2005. State of Exception. Translated by Attell, Kevin. Chicago: Chicago University Press.Google Scholar
Attorney-General v. Chapman [2011] NZSC 110 (Supreme Court, New Zealand).Google Scholar
Bagehot, Walter. [1867] 2001. The English Constitution, edited by Smith, Paul. Cambridge: Cambridge University Press.Google Scholar
Boyce, Peter J. 2008. The Queen’s Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand. Annandale, NSW: The Federation Press.Google Scholar
Bradley, Anthony Wilfred, Ewing, Keith D. and Knight, C. J. S.. 2015. Constitutional and Administrative Law. 16th edition. Harlow: Pearson Education.Google Scholar
Callister, Paul. 2011. ‘Attitudes towards Biculturalism in New Zealand: Asking the Wrong Questions, Getting the Wrong Answers?’ Working Paper, August 2011. Wellington: Callister & Associates.Google Scholar
Callon, Michel. 2002. ‘Actor-Network Theory.’ In International Encyclopedia of the Social & Behavioral Sciences, 6266. Elsevier/ScienceDirect.Google Scholar
Cox, Noel. 2008a. ‘The Legitimacy of Government and the Normative Influence of the Crown on a Political Construct.’ Paper presented at the 43rd Association of Law Teachers Conference, March 2008, St. Anne’s College, University of Oxford.Google Scholar
Cox, Noel. 2008b. A Constitutional History of the New Zealand Monarchy. Saarbrücken, Germany: VDM Verlag.Google Scholar
Davis, John. 1977. People of the Mediterranean: An Essay in Comparative and Social Anthropology. London: Routledge and Kegan Paul.Google Scholar
Finlayson, Christopher. 2014. ‘Address to Tuhoe-Crown Settlement Day in Taneatua.’ 22 August. Accessed 18 May 2018 at www.beehive.govt.nz/speech/address-tuhoe-crown-settlement-day-taneatua.Google Scholar
Haunui-Thompson, Shannon. 2017. ‘Tears as Crown Apologises for Parihaka Atrocities.’ Radio New Zealand, 9 June. Accessed 10 June 2017 at www.radionz.co.nz/news/te-manu-korihi/332613/tears-as-crown-apologises-for-parihaka-atrocities.Google Scholar
Hickey, Maureen. 2012. ‘Apologies in Settlements.’ In Treaty of Waitangi Settlements, edited by Hayward, Janine and Wheen, Nicola R., 6274. Wellington: Bridget Williams Books.Google Scholar
Hobsbawm, Eric and Ranger, Terence (eds.). 1983. The Invention of Tradition. Cambridge: Cambridge University Press.Google Scholar
Jackson, D. Michael and Lagassé, Philippe (eds.). 2014. Canada and the Crown: Essays on Constitutional Monarchy. Montreal: McGill-Queen’s University Press (MQUP).Google Scholar
Kidd, Robb. 2016. ‘John Banks Fails to Recoup Court Costs.’ New Zealand Herald, 14 July. Accessed 26 May 2017 at www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11674655.Google Scholar
Lagassé, Philippe. 2014. ‘Conclusion: The Contentious Canadian Crown.’ In Canada and the Crown: Essays on Constitutional Monarchy, edited by Michael Jackson, D. and Lagassé, Philippe, 271–87. Montreal: McGill-Queen’s University Press (MQUP).Google Scholar
Law Commission – Te Aka Matua o te Ture. 2014. ‘A New Crown Civil Proceedings Act for New Zealand.’ Issues Paper 35. Wellington.Google Scholar
Loughlin, Martin. 1999. The State, the Crown and the Law.’ In The Nature of the Crown: A Legal and Political Analysis, edited by Sunkin, Maurice and Payne, Sebastian, 3376. Oxford: Clarendon Press.Google Scholar
MacLeod, Kevin. 2008. A Crown of Maples: Constitutional Monarchy in Canada. Gatineau, QC: Department of Canadian Heritage.Google Scholar
Maitland, Frederic W. [1908] 1965. The Constitutional History of England: A Course of Lectures Delivered. Cambridge: Cambridge University Press.Google Scholar
Marcus, George. 1995. ‘Ethnography in/of the World System: The Emergence of Multi-Sited Ethnography.’ Annual Review of Anthropology 24: 95117.Google Scholar
McLean, Janet. 2008. ‘“Crown Him with Many Crowns”: The Crown and the Treaty of Waitangi.’ New Zealand Journal of Public and International Law 6(1): 3558.Google Scholar
McLean, Janet. 2012. Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere. Cambridge: Cambridge University Press.Google Scholar
McLean, Janet. 2015. ‘Crown, Empire and Redressing the Historical Wrongs of Colonisation in New Zealand.’ New Zealand Law Review 2015(2): 187212.Google Scholar
Mitchell, Timothy. 2006. ‘Society, Economy and the State Effect.’ In The Anthropology of the State: A Reader, edited by Sharma, Aradhana and Gupta, Anil, 169–86. Oxford: Blackwell.Google Scholar
Nagengast, Carole. 1994. ‘Violence, Terror and the Crisis of the State.’ Annual Review of Anthropology 23: 109–36.Google Scholar
New Zealand Law Society. 2014. ‘Problems if “the Crown” Is Defined.’ Law Talk no. 850, 12 September. Accessed 18 May 2018 at www.lawsociety.org.nz/lawtalk/lawtalk-archives/issue-850/problems-if-the-crown-is-defined.Google Scholar
Office of Treaty Settlements (OTS). 2015. Healing the Past, Building a Future: A Guide to Treaty of Waitangi Claims and Negotiations with the Crown. Wellington: Office of Treaty SettlementsGoogle Scholar
Ortner, Sherry. 1973. ‘On Key Symbols.’ American Anthropologist 75(5): 1338–46.Google Scholar
Palmer, Geoffrey and Butler, Andrew. 2016. A Constitution for Aotearoa New Zealand. Wellington: Victoria University Press.Google Scholar
Patel, Aaron Jai. 2016. ‘Imagining the Right to Rule: The Crown as a Political Symbol in New Zealand.’ MA thesis. University of Auckland.Google Scholar
Schmitt, Carl. 1985. Political Theology: Four Chapters on the Concept of Sovereignty. Chicago: University of Chicago Press.Google Scholar
Schneider, Jane. 1971. ‘Of Vigilance and Virgins: Honor, Shame and Access to Resources in Mediterranean Societies.’ Ethnology 10(1): 124.Google Scholar
Sedley, Stephen. 2011. Ashes and Sparks: Essays on Law and Justice. Cambridge: Cambridge University Press.Google Scholar
Sedley, Stephen. 2015. Lions under the Throne: Essays on the History of English Public Law. Cambridge: Cambridge University Press.Google Scholar
Steinmetz, George (ed.). 1999. State/Culture: State-Formation after the Cultural Turn. Ithaca, NY, and London: Cornell University Press.Google Scholar
Stokes, Michael. 1998. ‘Are There Separate State Crowns?Sydney Law Review 20(1): 127–43.Google Scholar
Sunkin, Maurice and Payne, Sebastian (eds.). 1999. The Nature of the Crown: A Legal and Political Analysis. Oxford: Clarendon Press.Google Scholar
Thorpe, Robbie. 2017. ‘NSW: The “Crown” Owns Aboriginal Culture and Heritage.’ Treaty Republic. Website. Accessed 25 May 2017 at treatyrepublic.net/node/988.Google Scholar
Turpin, Colin. 2000. ‘Review of Sunkin and Payne’s The Nature of the Crown.’ Cambridge Law Journal 59(1): 203–5.Google Scholar
Twomey, Anne. 2006. The Chameleon Crown: The Queen and Her Australian Governors. Sydney: Federation Press.Google Scholar
Twomey, Anne. 2008. ‘Responsible Government and the Divisibility of the Crown.’ Public Law, 742–67. Sydney Law School Research Paper No. 08/137.Google Scholar
Wilson, Margaret. 2011. ‘Treaty Settlement Process for Historical Grievances Relating to Land 1999–2005: A Crown Perspective from a Former Minister.’ Unpublished conference paper. Between Indigenous and Settler Governance conference, 18–20 August, University of Western Sydney, Sydney.Google Scholar
Wright, Susan and Reinhold, Sue. 2011. ‘“Studying Through”: A Strategy for Studying Political Transformation. Or Sex, Lies and British Politics.’ In Policy Worlds: Anthropology and the Analysis of Contemporary Power, edited by Shore, Cris, Wright, Susan and Però, Davide, 86104. New York: Berghahn.Google Scholar

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