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).
Read more about this topic: Monarchy Of Antigua And Barbuda
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