Queen of Saint Kitts and Nevis | |
---|---|
Federal | |
Incumbent | |
Elizabeth II since 19 September 1983 | |
Details | |
Style | Her Majesty |
Heir apparent | Charles, Prince of Wales |
First monarch | Elizabeth II |
Formation | 19 September 1983[1] |
The monarchy of Saint Kitts and Nevis is a constitutional monarchy in which a monarch is head of state of Saint Kitts and Nevis. The present monarch is Elizabeth II,[2] who is also Sovereign of the other Commonwealth realms.[2][1] The Queen's constitutional roles are mostly delegated to the Governor-General of Saint Kitts and Nevis.
Administrative divisions (parishes) |
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From June 1983 the two islands of Saint Christopher (otherwise known as Saint Kitts) and of Nevis have been a sovereign democratic federal state which may be formally styled Saint Christopher and Nevis or Saint Kitts and Nevis or the Federation of Saint Christopher and Nevis or the Federation of Saint Kitts and Nevis.[3]
History
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.[4] The Royal and Parliamentary Titles Act 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster 1931.
Saint Kitts and Nevis, along with Anguilla, were federated in 1882. After a brief period as part of the West Indies Federation (1958–62), the islands became an associated state with full internal autonomy in 1967.[5] Both Nevis and Anguilla were unhappy at St Kitts' domination of the federation, with Anguilla unilaterally declaring independence in 1967.[6][5] It was agreed that Nevis would have a degree of autonomy with its own Premier and Assembly, as well as the constitutionally-protected right to unilaterally secede if a referendum on independence resulted in a two-thirds majority in favour.[7][8] St Kitts and Nevis achieved full independence on 19 September 1983.[5][6] St Kitts and Nevis thus became an independent realm within the Commonwealth, with Queen Elizabeth II as the head of state.
Saint Kitts and Nevis has a common monarchy with the other Commonwealth realms, and though laws governing the line of succession to the Saint Kitts and Nevis throne lie within the control of the Saint Kitts and Nevis Parliament, Saint Kitts and Nevis 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.
Constitutional role
54 states are members of the Commonwealth of Nations. Fifteen of these countries are specifically Commonwealth realms who recognise, individually, the same person as their Monarch and Head of State; Saint Kitts and Nevis is one of these.[9] Despite sharing the same person as their respective national monarch, each of the Commonwealth realms – including Saint Kitts and Nevis – is sovereign and independent of the others.
On all matters of the Saint Kitts and Nevis State, the Monarch is advised solely by Saint Kitts and Nevis ministers.[10]
The Crown and Honours
Within the Commonwealth realms, the monarch is deemed the fount of honour.[11] Similarly, the monarch, as Sovereign of Saint Kitts and Nevis, confers awards and honours in Saint Kitts and Nevis in her name. Most of them are often awarded on the advice of "Her Majesty's Saint Christopher and Nevis Ministers".[12][13]
The Crown and Government
The Saint Kitts and Nevis Government is officially known as "Her Majesty's Government of Saint Christopher and Nevis".[14]
The monarch of Saint Kitts and Nevis, and the National Assembly constitute the Parliament of Saint Kitts and Nevis.[14] All executive powers of Saint Kitts and Nevis rest with the sovereign. All laws in Saint Kitts and Nevis are enacted only with the granting of Royal Assent, done by the Governor-General on behalf of the sovereign.[14]
Most of the Queen's domestic duties are performed by the Governor General.[10] The Governor-General represents the Queen on ceremonial occasions such as the opening of Parliament, the presentation of honours and military parades. Under the Constitution, he is given authority to act in some matters, for example in appointing and disciplining officers of the civil service, in proroguing Parliament.[15] The Governor-General also has the power to choose and appoint the Council of Ministers and can dismiss them under his discretion.[14]
The Crown and the Courts
The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects.[16] The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. In Saint Kitts and Nevis, criminal offences are legally deemed to be offences against the sovereign, and proceedings for indictable offences are brought in the sovereign's name in the form of The Queen versus [Name].[17][18] Hence, 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.[19]
The highest court of appeal for Saint Kitts and Nevis is the Judicial Committee of the Queen's Privy Council.[20]
The Governor-General, on the advice of the Prime Minister of Saint Kitts and Nevis, can also grant immunity from prosecution, exercise the royal prerogative of mercy, and pardon offences against the Crown, either before, during, or after a trial. The exercise of the 'Prerogative of Mercy' to grant a pardon and the commutation of prison sentences in described in section 66 of the Constitution.[14]
Title
In Saint Kitts and Nevis, the monarch's style is: Elizabeth the Second, by the Grace of God of Saint Christopher and Nevis Queen, Head of the Commonwealth.[21][22][23]
Oath of allegiance
The oath of allegiance in Saint Kitts and Nevis is:[14]
"I, (name), I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. (So help me God)"
Succession
Succession to the throne is by absolute primogeniture, and governed by the provisions of the Succession to the Crown Bill that was passed 8 July 2013[24] in accordance with the Perth Agreement Succession is also governed by common law, the Act of Settlement and English Bill of Rights.
This legislation lays out the rules that the Monarch cannot be a Roman Catholic, and must be in communion with the Church of England upon ascending the throne. Thus, Saint Kitts and Nevis's laws governing succession are currently identical to those of the United Kingdom by the Statute of Westminster.
The current heir apparent to the throne of Saint Kitts and Nevis is Elizabeth II's eldest son, Charles, Prince of Wales.
Royal visits
The Queen and the Duke of Edinburgh visited St Kitts and Nevis in 1966 during their Caribbean tour, during which they attended an Investiture at Government House and watched a fireworks display from Basseterre Water Front. They visited again in 1985 during which a reception was held onboard HMY Britannia.[25]
See also
- History of Saint Kitts and Nevis
- Figurehead
- Prime Ministers of Queen Elizabeth II
- List of Commonwealth visits made by Queen Elizabeth II
- Monarchies in the Americas
- List of monarchies
References
- ^ a b The Monarchy Today > Queen and Commonwealth
- ^ a b "Archived copy". Archived from the original on 11 February 2012. Retrieved 18 December 2008.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Federation of Saint Kitts and Nevis Constitutional Order of 1983
- ^ Clause II
- ^ a b c "Enclopedia Britannica – St Kitts and Nevis". Retrieved 10 July 2019.
- ^ a b "Commonwealth – History of St Kitts and Nevis". Retrieved 10 July 2019.
- ^ See section 3 and 4 about Nevis Island Legislature and Administration in The Saint Christopher and Nevis Constitution Order 1983. Published online by Georgetown University and also by University of the West Indies. Retrieved 8 August 2006.
- ^ Nevis (St Kitts and Nevis), 18 August 1977: Separation from St Kitts Direct Democracy (in German)
- ^ The Monarchy Today > Queen and Commonwealth > Members
- ^ a b The Queen's role in St Christopher and Nevis
- ^ Commonwealth Journal: The Journal of the Royal Commonwealth Society · Volumes 12-14, Royal Commonwealth Society, 1969, p. 99
- ^ "No. 59655". The London Gazette (9th supplement). 31 December 2010. pp. 43–44.
- ^ "No. 56247". The London Gazette (11th supplement). 15 June 2001. p. 47.
- ^ a b c d e f "THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS" (PDF), unesco.org, retrieved 9 November 2021
- ^ The Office of Governor General
- ^ Davis, Reginald (1976), Elizabeth, our Queen, Collins, p. 36, ISBN 9780002112338
- ^ "Orland Belle v The Queen". Retrieved 6 November 2021.
- ^ "Alfred Harley v The Queen". Retrieved 6 November 2021.
- ^ Halsbury's Laws of England, volume 12(1): "Crown Proceedings and Crown Practice", paragraph 101
- ^ "Role of the JCPC". JCPC. Retrieved 8 October 2021.
- ^ Statutory Rules and Orders 1995, No. 10 (PDF), retrieved 14 February 2022
- ^ "ST. CHRISTOPHER AND NEVIS OFFICIAL GAZETTE (E X T R A O R D I N A R Y)". 18 May 2020. Retrieved 29 November 2021.
- ^ "Saint Christopher and Nevis: Heads of State: 1983-2021". archontology.org. Retrieved 22 May 2021.
- ^ St Kitts and Nevis prime minister's website Archived 6 March 2014 at the Wayback Machine
- ^ Royal Visits