Lecture Notes: Understanding "The Crown" in Legal Context

Introduction

Presenters: Renato Costa, Zosie Law
Topic: Different meanings of "The Crown" in law, particularly Australian law
Purpose: To educate and clarify the different senses in which "The Crown" is used legally

Meaning: Refers to the monarch or monarchy institution
Example: Used in the preamble to the Australian Constitution
- For a deeper understanding, viewers are encouraged to watch their prior video about the preamble

Meaning: Symbolizes the state and its apparatus
Historical Context:
- British monarchs once ruled sovereign over all state institutions (judiciary, parliament, executive)
- Judiciary: Courts were monarch’s courts; decisions were monarch’s decisions
- Parliament: Monarch legislated
- Executive: Monarch executed and applied laws
Australian Constitution Context:
- Reflects power of the monarch to enact the Commonwealth of Australia Constitution Act

Modern Use: Primarily refers to the Executive in Australia
Example: Australian Constitution Section 44
- Disqualification of parliament members holding office of profit under the crown (i.e., executive)
Commentary:
- Quick and Guerin use "servants of the crown" synonymously with employees of the executive or public service
Common Phrases:
- "The Crown in right of the Commonwealth" or "The Crown in right of the states"
- Indicates executive power at Commonwealth or state level

Main Idea: Today, "The Crown" typically refers to the government, specifically the executive branch
Call to Action:
- Viewers encouraged to subscribe to their channel for more videos on Australian law

The presentation aims to demystify the legal term "The Crown" and its practical implications in current law, particularly focusing on Australian legal framework.