Monarchy Of The Bahamas

The monarchy of the Bahamas is a system of government in which a hereditary monarch is the sovereign and head of state of the Commonwealth of the Bahamas. The current Bahamian monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Bahamian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled ''King of the Bahamas'' and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Bahamian state. However, the King is the only member of the Royal Family with any constitutional role.

All executive authority is vested in the monarch, and royal assent is required for the Bahamian Parliament to enact laws and for letters patent and Orders in Council to have legal effect. Most of the powers are exercised by the elected members of parliament, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace. Other powers vested in the monarch, such as the appointment of a prime minister, are significant but are treated only as reserve powers and as an important security part of the role of the monarchy.

The Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power. While some powers are exercisable only by the sovereign, most of the monarch's operational and ceremonial duties are exercised by his representative, the governor-general of the Bahamas.

Origin

In 1629, King Charles I granted Robert Heath, attorney general of England, territories in America including "Bahama and all other Isles and Islands lying southerly there or neare upon the foresayd continent". Charles Towne was settled in 1660 and named for King Charles II, but its name was changed to Nassau after William III came to the throne; the German region Nassau was a holding of William's family.

The Bahamas became a British crown colony in 1718, when the British clamped down on piracy.

In August 1940, the Duke of Windsor was appointed Governor of the Bahamas. He arrived in the colony with his wife Wallis, Duchess of Windsor. The Duke was praised at the time for his efforts to combat poverty on the islands.

In May 1963, a conference was held in London to consider a new constitution for the islands. The islands were granted full internal self-government, with the governor retaining reserved powers only for foreign affairs, defense, and internal security.

On 10 July 1973, Charles, Prince of Wales delivered the official documents to Prime Minister Lynden Pindling, officially declaring the Bahamas a fully independent nation, within the Commonwealth of Nations. Shortly after independence, Sir John Paul was appointed the first governor-general of the Bahamas, the vice-regal representative of Elizabeth II, Queen of the Bahamas.

The Bahamian Crown and its aspects

The Bahamas is one of fifteen independent nations, known as Commonwealth realms, which shares its sovereign with other monarchies in the Commonwealth of Nations, with the monarch's relationship with the Bahamas completely independent from his position as monarch of any other realm. Despite sharing the same person as their respective monarch, each of the Commonwealth realms – including the Bahamas – is sovereign and independent of the others. The Bahamian monarch is represented by a viceroy—the governor-general of the Bahamas—in the Bahamian realm.The Queen's role in the Bahamas
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Since Bahamian independence in 1973, the pan-national Crown has had both a shared and a separate character and the sovereign's role as monarch of Bahamas is distinct to his or her position as monarch of any other realm, including the United Kingdom. The monarchy thus ceased to be an exclusively British institution and in the Bahamas became a Bahamian, or "domesticated" establishment.

This division is illustrated in a number of ways: The sovereign, for example, holds a unique Bahamian title and, when he is acting in public specifically as a representative of the Bahamas, he uses, where possible, Bahamian symbols, including the country's national flag, unique royal symbols, and the like. Only Bahamian government ministers can advise the sovereign on matters of the Bahamian state.

In the Bahamas, the legal personality of the State is referred to as "His Majesty the King in Right of The Bahamas".

Title

In the Bahamas, the King's official title is: Charles the Third'', by the Grace of God, King of the Commonwealth of The Bahamas and of His other Realms and Territories, Head of the Commonwealth''.

This style communicates the Bahamas's status as an independent monarchy, highlighting the Monarch's role specifically as Sovereign of the Bahamas, as well as the shared aspect of the Crown throughout the realms. Typically, the Sovereign is styled "King of the Bahamas," and is addressed as such when in the Bahamas, or performing duties on behalf of the Bahamas abroad.

Oath of allegiance

As the embodiment of the state, the monarch is the locus of oaths of Allegiance. This is done in reciprocation to the sovereign's Coronation Oath, wherein they promise to govern the peoples of their realms, "according to their respective laws and customs".

The oath of allegiance in the Bahamas is:

Succession

Like some realms, the Bahamas defers to United Kingdom law to determine the line of succession.

Succession is by absolute primogeniture governed by the provisions of the Succession to the Crown Act 2013, as well as the Act of Settlement, 1701, and the Bill of Rights, 1689. This legislation limits the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulates that the monarch cannot be a Roman Catholic, and must be in communion with the Church of England upon ascending the throne. Though these constitutional laws, as they apply to the Bahamas, still lie within the control of the British parliament, both the United Kingdom and the Bahamas cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation that applies identically in all the other realms, and which has been likened to a treaty amongst these countries.

Upon a demise of the Crown (the death or abdication of a sovereign), it is customary for the accession of the new monarch to be publicly proclaimed by the governor-general in the capital, Nassau, after the accession. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony. An appropriate period of mourning also follows, during which flags across the country are flown at half-mast to honour the late monarch. The day of the funeral is likely to be a public holiday.

Constitutional role and royal prerogative

The Bahamian constitution is made up of a variety of statutes and conventions which gives the Bahamas a parliamentary system of government under a constitutional monarchy, wherein the role of the monarch and governor-general is both legal and practical, but not political. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the sovereign as the person at the centre of the constitutional construct,Cox, Noel; ''Murdoch University Electronic Journal of Law'': Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002)
/ref> meaning all powers of state are constitutionally reposed in the Bahamian monarch. The government of Bahamas is also thus formally referred to as ''His Majesty's Government''.

Most of the monarch's domestic duties are performed by the governor-general, appointed by the monarch on the advice of the Prime Minister of the Bahamas.

All institutions of government act under the sovereign's authority; the vast powers that belong to the Bahamian Crown are collectively known as the Royal prerogative. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the consent of the Crown is must before either of the houses of parliament may even debate a bill affecting the sovereign's prerogatives or interests.

Executive

One of the main duties of the Crown is to appoint a prime minister, who thereafter heads the Bahamian cabinet and advises the monarch or governor-general on how to execute their executive powers over all aspects of government operations and foreign affairs. The monarch's, and thereby the viceroy's role is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate, while the Cabinet directs the use of the Royal Prerogative, which includes the privilege to declare war, maintain the King's peace, and direct the actions of the Royal Bahamas Defence Force, as well as to summon and prorogue parliament and call elections. However, it is important to note that the Royal Prerogative belongs to the Crown and not to any of the ministers, though it might have sometimes appeared that way, and the constitution allows the governor-general to unilaterally use these powers in relation to the dismissal of a prime minister, dissolution of parliament, and removal of a judge in exceptional, constitutional crisis situations.

There are also a few duties which are specifically performed by the monarch, such as appointing the governor-general.

The governor-general, to maintain the stability of the Bahamian government, appoints as prime minister the individual most likely to maintain the support of the Bahamian House of Assembly. The governor-general additionally appoints a Cabinet, at the direction of the prime minister, at least eight other ministers of the Crown. The monarch is informed by his viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry, and he remains fully briefed through regular communications from her Bahamian ministers. Members of various executive agencies and other officials are appointed by the Crown. The appointment of senators, and Supreme Court justices also falls under the Royal Prerogative.

Foreign affairs

The Royal Prerogative further extends to foreign affairs: the governor-general ratifies treaties, alliances, and international agreements. As with other uses of the Royal Prerogative, no parliamentary approval is required. However, a treaty cannot alter the domestic laws of the Bahamas; an Act of Parliament is necessary in such cases. The governor-general, on behalf of the monarch, also accredits Bahamian High Commissioners and ambassadors and receives diplomats from foreign states. In addition, the issuance of passports falls under the Royal Prerogative and, as such, all Bahamian passports are issued in the governor-general's name, the monarch's representative in the Bahamas.

Parliament

The sovereign, along with the Senate and the House of Assembly, is one of the three components of the Bahamian parliament.

The monarch does not, however, participate in the legislative process; the viceroy does, though only in the granting of royal assent. Further, the constitution outlines that the governor-general alone is responsible for appointing senators. The viceroy must make nine senatorial appointments on the advice of the prime minister, four on the advice of leader of the opposition, and three on the advice of both. The viceroy additionally summons, prorogues, and dissolves parliament; after the latter, the writs for a general election are usually dropped by the governor-general at Government House, Nassau.

The new parliamentary session is marked by the Opening of Parliament, during which the monarch or the governor-general reads the Speech from the Throne.

All laws in the Bahamas are enacted only with the viceroy's granting of royal assent in the monarch's name. The royal assent, and proclamation, are required for all acts of parliament, usually granted or withheld by the governor-general, with the Public Seal of the Bahamas.

Courts

Within the Commonwealth realms, the sovereign is responsible for rendering justice for all his subjects, and is thus traditionally deemed the ''fount of justice''. In the Bahamas, 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 King versus ame
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