The Nature of the Crown: A Legal and Political Analysis

By Maurice Sunkin; Sebastian Payne | Go to book overview

10
The Crown and Accountability for the Armed Forces

PETER ROWE


INTRODUCTION

The understanding of the term, 'the Crown', adopted elsewhere in this book, as 'the government'1 is not sufficient when considering the constitutional position of the armed forces. The serviceman swears allegiance to the Sovereign2 and not to the government. In legal terms, this is, however, purely a theoretical position since the powers of command of the armed forces are vested in the Defence Council by statute,3 although by subsequent letters patent command is held jointly with the Sovereign.4 This may go some way to explaining the powers given in relevant statutes to Her Majesty,5 on the one hand, and to the Secretary of State, on the other.6 In reality, of course, the powers would be exercisable in all cases by the latter.7 It is, perhaps, of interest to note here that the definition of 'armed forces' given in the Armed Forces Act 1996 is 'any of the naval, military or air forces of the Crown'.8 Previously, the Service Discipline Acts did not use the term 'armed forces' but instead, Her

____________________
1
Town Investments Ltd v. Department of the Environment [ 1977] 1 All E.R. 813, 818, per Lord Diplock. In this connection, it would, of course, encompass the Ministry of Defence.
2
See Manual of Military Law, vol. II, 3-29 and the Army Act 1955, Schedule 1, para. 3. An officer holds his or her commission from the Sovereign and may submit, through the Defence Council and the Secretary of State, an unredressed complaint to Her Majesty, s. 180(8) of the Army act 1955, as amended by s. 20 of the Armed Forces Act 1996.
3
The Defence (Transfer of Functions) Act 1964, s. 1(1)(b).
4
See The Letters Patent Constituting the Defence Council 1972 where the phrase is used 'to have command under Us' when referring to the powers of the Secretary of State for Defence. Note also the Militia Act 1661 (13 & 14 Charles II, c. 3) which referred to the command of the militia and all forces by land and sea as 'the undoubted right of his Majesty, and his Royal Predecessors, Kings and Queens of England'. This part of the Militia Act was not repealed by the Statute Law Revision Act 1863 (26 & 27 Vict. c.125) and see the point drawn from this by Scrutton L. J. in China Navigation Co. v. Attorney-General [ 1932] 2 K.B. 197, 214. George II was 'the last of our kings to command an army in the field', Williams, The Whig Supremacy 1714-1760 ( Oxford: Clarendon, 1962) at 19.
5
See, for example, ss. 1, 4 and 52 of the Reserve Forces Act 1996.
6
See s. 54 of the Reserve Forces Act 1996 and compare this with s. 52.
7
See the annotation to s. 4 of the Reserve Forces Act 1996 by G. R. Rubin.
8
S. 21(5).

-267-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Nature of the Crown: A Legal and Political Analysis
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 368

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.