Legal Definitions - jus regale

Jus regale refers to the inherent rights and powers belonging to a sovereign or monarch, particularly within the legal system of Scotland. These are rights that are considered to be part of the Crown's prerogative, existing by virtue of the sovereign's position rather than being granted by specific legislation.

• Imagine a historical scenario in Scotland where all unclaimed land or valuable minerals discovered beneath the surface, even on privately owned estates, were automatically deemed the property of the Crown. This would be an exercise of jus regale, where the monarch, by virtue of their sovereign status, held an inherent right to these resources, rather than needing a specific statute to grant them ownership.

• Consider the monarch's traditional role as the ultimate source of justice and honor. In this capacity, the sovereign might have had the exclusive right to issue royal pardons for convicted criminals or to bestow titles of nobility upon deserving individuals. These powers, stemming directly from the Crown's inherent authority rather than being delegated by a legislative body, exemplify jus regale.

• In some legal traditions, including historically in Scotland, if valuable items like gold or jewels are found hidden and their original owner cannot be identified, they automatically become the property of the Crown. This principle, often referred to as "treasure trove," is a manifestation of jus regale, representing an ancient, inherent right of the sovereign to claim ownerless property.