In relation to the shared Monarchy of the
Commonwealth realms, the
Demise
of the Crown is the legal term for the end of a
reign by a
king or
queen, whether by
death
or
abdication. The term was coined in
English law to signify the immediate transfer of sovereignty and
royal prerogatives to the late
king or queen's successor without
interregnum.
Upon the
Crown's demise, in the United Kingdom
, 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, since 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 Realms, 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 in
order to secure the succession.
References
-
http://www.parliament.the-stationery-office.co.uk/pa/ld/ldcomp/ctso05.htm
Bibliography