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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - King
Definition of King
In British law, the term "King" (or "Queen" when a female monarch is on the throne) refers not simply to the individual person who holds the monarchy, but rather to the entire institution of the British government and its sovereign authority. It is often used interchangeably with "the Crown" to emphasize this distinction. This concept highlights that the powers, properties, and responsibilities associated with the monarchy belong to the state as a continuous legal entity, rather than to the monarch in their personal capacity. This separation ensures that governmental functions and legal actions continue regardless of who occupies the throne.
- Example 1: New Environmental Regulations
Imagine the British government introduces a new set of regulations aimed at significantly reducing carbon emissions across the country. These regulations are enacted under the authority of the "King" or "Crown."
This illustrates the term because the regulations are official acts of the British state and its governing bodies, not personal decrees from the individual monarch. They represent legislative action taken by the government on behalf of the nation, deriving their legal power from the institutional "King."
- Example 2: Ownership of National Assets
Consider the ownership of a national park, such as the Peak District National Park in England. This vast natural area is preserved for public enjoyment and ecological protection.
While the monarch is the head of state, the national park is not their personal property. Its ownership is vested in the "King" or "Crown," signifying that it belongs to the public and is managed by the government as an asset of the state, ensuring its preservation and accessibility for future generations.
- Example 3: Criminal Prosecutions
When a person is charged with a serious crime in England, the legal proceedings are typically brought forward by "the Crown Prosecution Service."
This service acts "on behalf of the King" (or "Crown"), meaning it represents the state and the public interest in upholding the law. The prosecution is not initiated by the individual monarch personally, but by the governmental authority that derives its power from the institutional "King" to maintain law and order.
Simple Definition
In English law, "King" (or "Queen" when a female monarch reigns) refers to the British government or the Crown as a body politic. This term represents the sovereign in their public capacity, distinct from the individual person holding the throne. It signifies the legal entity of the state, encompassing its powers, property, and liabilities.