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Monarchy

A form of government in which law-making power is given to a single person, usually holding such authority by birthright and not by merit.

Rule by one man or women; a king or queen.

John Bouvier, in his American Law Dictionary of 1856, defined a monarchy as follows:

(G)overnment which is ruled (really or theoretically) by one man, who is wholly set apart from all other members of the state (called his subjects)."

He added that a disadvantage of a monarchy is that:

“... the personal interests or inclinations of the monarch or his house are substituted for the public interest; that to the chance of birth is left what with rational beings certainly ought to be the result of reason and wisdom.”

A constitutional monarchy is a bit of an oxymoron but it does reflect the reality of a monarch having abdicated some of his or her powers by compact with the people or its representatives, within a constitutional document such as the Magna Carta.

A monarchy is the opposite of a republic, the latter being government without king or queen.

Walter Bagehot (1826-1877) once said of a monarchy, in words hopefully dated:

“The best reason why monarchy is a strong government is that it is an intelligible government. The mass of mankind understand it, and they hardly anywhere in the world understand any other.”

Justice Hobart wrote in Bruton v Morris:

"... if a people will refuse all government, it were against the law of God. And yet, if a popular state will receive a monarchy, it stands well with the law of God."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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