Misplaced Pages

#985014

105-793: The Haida Nation is engaged in a legal title dispute regarding their territories, the islands of Haida Gwaii and surrounding waters, asserting that the Crown has never legally acquired title to these areas, and has illegally infringed upon Haida title and rights within the territories through the imposition of Canadian sovereignty and the extraction of resources under Canadian authority. There are two main Haida villages on Haida Gwaii: G̱aw , known in English as Old Massett, and Hlg̱aagilda , known in English as Skidegate. Haida populations in Kxeen and T'agwan are also represented on

210-463: A directly democratic form of government that was to have a long afterlife in political thought and history. During Medieval times in Europe, the state was organized on the principle of feudalism , and the relationship between lord and vassal became central to social organization. Feudalism led to the development of greater social hierarchies. The formalization of the struggles over taxation between

315-468: A federal union . A federated state is a territorial and constitutional community forming part of a federation . (Compare confederacies or confederations such as Switzerland.) Such states differ from sovereign states in that they have transferred a portion of their sovereign powers to a federal government . One can commonly and sometimes readily (but not necessarily usefully) classify states according to their apparent make-up or focus. The concept of

420-502: A sovereign state , except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include " province ", " region " or other terms.) For most of prehistory people lived in stateless societies . The earliest forms of states arose about 5,500 years ago. Over time societies became more stratified and developed institutions leading to centralised governments. These gained state capacity in conjunction with

525-416: A territory . Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions . A state may be a unitary state or some type of federal union ; in the latter type, the term "state" is sometimes used to refer to the federated polities that make up the federation , and they may have some of the attributes of

630-441: A certain range of political phenomena . According to Walter Scheidel, mainstream definitions of the state have the following in common: "centralized institutions that impose rules, and back them up by force, over a territorially circumscribed population; a distinction between the rulers and the ruled; and an element of autonomy, stability, and differentiation. These distinguish the state from less stable forms of organization, such as

735-471: A crown in heraldry and other imagery such as cap badges , uniforms, government logos and elsewhere. The heraldic crown is chosen by the reigning monarch. From 1661 to the reign of Queen Victoria , an image of St Edward's Crown was used. The early part of Victoria's reign depicted the Imperial State Crown created for her coronation , while a Tudor Crown began to be used from the 1860s. In 1901,

840-426: A given territory." While defining a state, it is important not to confuse it with a nation; an error that occurs frequently in common discussion. A state refers to a political unit with sovereignty over a given territory. While a state is more of a "political-legal abstraction," the definition of a nation is more concerned with political identity and cultural or historical factors. Importantly, nations do not possess

945-402: A government and its state is one of representation and authorized agency. Charles Tilly distinguished between empires, theocracies, city-states and nation-states. According to Michael Mann , the four persistent types of state activities are: Josep Colomer distinguished between empires and states in the following way: According to Michael Hechter and William Brustein , the modern state

1050-451: A network of other institutions of a similar nature." Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries

1155-601: A political philosophy of the state, and to have rationally analyzed political institutions. Prior to this, states were described and justified in terms of religious myths. Several important political innovations of classical antiquity came from the Greek city-states and the Roman Republic . The Greek city-states before the 4th century granted citizenship rights to their free population, and in Athens these rights were combined with

SECTION 10

#1732844492986

1260-536: A privileged and wealthy ruling class that was subordinate to a monarch . The ruling classes began to differentiate themselves through forms of architecture and other cultural practices that were different from those of the subordinate laboring classes. In the past, it was suggested that the centralized state was developed to administer large public works systems (such as irrigation systems) and to regulate complex economies. However, modern archaeological and anthropological evidence does not support this thesis, pointing to

1365-458: A slightly different definition of the state with respect to the nation: the state is "a primordial, essential, and permanent expression of the genius of a specific [nation]." The definition of a state is also dependent on how and why they form. The contractarian view of the state suggests that states form because people can all benefit from cooperation with others and that without a state there would be chaos. The contractarian view focuses more on

1470-408: A specific state. In the classical thought, the state was identified with both political society and civil society as a form of political community, while the modern thought distinguished the nation state as a political society from civil society as a form of economic society. Thus in the modern thought the state is contrasted with civil society. Antonio Gramsci believed that civil society

1575-407: A state faces some practical limits via the degree to which other states recognize them as such. Definitions of a state are disputed. According to sociologist Max Weber : a "state" is a polity that maintains a monopoly on the legitimate use of violence , although other definitions are common. Absence of a state does not preclude the existence of a society , such as stateless societies like

1680-457: A word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state." Lord Simon of Glaisdale stated: The crown as an object is a piece of jewelled headgear under guard at the Tower of London . But it symbolizes the powers of government which were formerly wielded by the wearer of the crown   ... The term "the Crown"

1785-446: Is "the state"." Historically, the Crown was considered to be indivisible. Two judgments— Ex parte Indian Association of Alberta ( EWCA , 1982) and Ex parte Quark ( House of Lords , 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on

1890-451: Is an emanation of respect and gratitude for their provider, the land and sea. The archipelago consists of over 200 islands and is located off the coast of British Columbia , Canada. As a result of its location, the western coast of Haida Gwaii is exposed to very strong winds and ocean waves of up to 35 metres (115 ft) high. The average yearly rainfall on the western coast is 4 metres (157 in), compared to 80 centimetres (31 in) on

1995-491: Is carried out by the civil servants employed in the various government departments." This interpretation was supported by section 8 of the Pensions (Colonial Service) Act 1887 ( 50 & 51 Vict. c. 13), which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning. The Crown was first defined as an 'imperial' crown during

2100-402: Is composed of a specialized and privileged body of individuals, who monopolize political decision-making, and are separated by status and organization from the population as a whole. States can also be distinguished from the concept of a " nation ", where "nation" refers to a cultural-political community of people. A nation-state refers to a situation where a single ethnicity is associated with

2205-420: Is considered by some such as Adam Smith as a central function of the state, since these goods would otherwise be underprovided. Tilly has challenged narratives of the state as being the result of a societal contract or provision of services in a free market – he characterizes the state more akin as a protection racket in the vein of organized crime. While economic and political philosophers have contested

SECTION 20

#1732844492986

2310-508: Is not to be confused with any physical crown , such as those of the British regalia . The term is also found in various expressions such as Crown land , which some countries refer to as public land or state land ; as well as in some offices, such as minister of the Crown , Crown attorney , and Crown prosecutor . The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of

2415-494: Is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through

2520-414: Is the primary locus of political activity because it is where all forms of "identity formation, ideological struggle, the activities of intellectuals, and the construction of hegemony take place." and that civil society was the nexus connecting the economic and political sphere. Arising out of the collective actions of civil society is what Gramsci calls "political society", which Gramsci differentiates from

2625-403: Is therefore used in constitutional law to denote the collection of such of those powers as remain extant (the royal prerogative ), together with such other powers as have been expressly conferred by statute on "the Crown". Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government

2730-465: The Amazon rainforest , which are uninhabited or inhabited solely or mostly by indigenous people (and some of them remain uncontacted ). Also, there are so-called " failed states " which do not hold de facto control over all of their claimed territory or where this control is challenged. Currently the international community comprises around 200 sovereign states , the vast majority of which are represented in

2835-519: The Andes . It is only in relatively modern times that states have almost completely displaced alternative " stateless " forms of political organization of societies all over the planet . Roving bands of hunter-gatherers and even fairly sizable and complex tribal societies based on herding or agriculture have existed without any full-time specialized state organization, and these "stateless" forms of political organization have in fact prevailed for all of

2940-710: The Colony of British Columbia and the Colony of the Queen Charlotte Islands prior to that. No treaties between the Crown and the governments of the Haida were ever signed, as with many other Indigenous groups in British Columbia. The Constitution of the Haida Nation was accepted formally in 2003.The Haida Nation asserts that the Crown has never legally acquired title to Haida Gwaii and its surrounding waters. They claim that

3045-598: The Common Informers Act 1951 ended the practice of allowing such suits by common informers. The term "Crown forces" has been used by Irish republicans and nationalists , including members of paramilitary groups, to refer to British security forces which operate in Ireland . The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and

3150-523: The Copyright, Designs and Patents Act 1988 made an exception for 'any right or privilege of the Crown' not written in an act of parliament, thus preserving the rights of the Crown under the unwritten royal prerogative. In addition, use of images of the crowns for commercial purposes is specifically restricted in the UK (and in countries which are party to the Paris Convention ) under sections 4 and 99 of

3255-674: The Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The degree and extent of governance of a state is used to determine whether it has failed . The word state and its cognates in some other European languages ( stato in Italian, estado in Spanish and Portuguese, état in French, Staat in German and Dutch) ultimately derive from

Council of the Haida Nation - Misplaced Pages Continue

3360-582: The Trade Marks Act 1994 , and their use is governed by the Lord Chamberlain's Office . It is also an offence under Section 12 of the Trade Descriptions Act 1968 to give a false indication that any goods or services are supplied to the monarch or any member of the royal family. State (polity) A state is a political entity that regulates society and the population within

3465-542: The United Nations . For most of human history, people have lived in stateless societies , characterized by a lack of concentrated authority, and the absence of large inequalities in economic and political power . The anthropologist Tim Ingold writes: It is not enough to observe, in a now rather dated anthropological idiom, that hunter gatherers live in 'stateless societies', as though their social lives were somehow lacking or unfinished, waiting to be completed by

3570-517: The growth of cities , which was often dependent on climate, and economic development , with centralisation often spurred on by insecurity and territorial competition. Over time, a variety of forms of states developed, which used many different justifications for their existence (such as divine right , the theory of the social contract , etc.). Today, the modern nation state is the predominant form of state to which people are subject. Sovereign states have sovereignty ; any ingroup 's claim to have

3675-651: The prehistory and much of human history and civilization . The primary competing organizational forms to the state were religious organizations (such as the Church), and city republics . Since the late 19th century, virtually the entirety of the world's inhabitable land has been parcelled up into areas with more or less definite borders claimed by various states. Earlier, quite large land areas had been either unclaimed or uninhabited, or inhabited by nomadic peoples who were not organised as states . However, even within present-day states there are vast areas of wilderness, like

3780-656: The state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies , overseas territories , provinces , or states ). The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law ; or to the functions of executive (the Crown- in-council ), legislative (the Crown-in- parliament ), and judicial (the Crown on

3885-472: The " status rei publicae ", the "condition of public matters". In time, the word lost its reference to particular social groups and became associated with the legal order of the entire society and the apparatus of its enforcement. The early 16th-century works of Machiavelli (especially The Prince ) played a central role in popularizing the use of the word "state" in something similar to its modern sense. The contrasting of church and state still dates to

3990-422: The "repressive state apparatus" (such as police and military) in reproducing social relations. Jürgen Habermas spoke of a public sphere that was distinct from both the economic and political sphere. Given the role that many social groups have in the development of public policy and the extensive connections between state bureaucracies and other institutions, it has become increasingly difficult to identify

4095-421: The 13th century. The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions. Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch. When the kingdom of England merged with those of Scotland and Ireland , the concept extended into

4200-467: The 16th century. The North American colonies were called "states" as early as the 1630s. The expression "L'État, c'est moi" (" I am the State ") attributed to Louis XIV , although probably apocryphal, is recorded in the late 18th century. There is no academic consensus on the definition of the state. The term "state" refers to a set of different, but interrelated and often overlapping, theories about

4305-874: The Bailiwick of Jersey belonging to the Crown in Right of Jersey and not to the Crown Estate of the United Kingdom. The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in Right of the Bailiwick of Jersey . Legislation in the Isle of Man also defines the Crown in Right of the Isle of Man as being separate from

Council of the Haida Nation - Misplaced Pages Continue

4410-584: The Commonwealth realms is a similar, but separate, legal concept. To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown in Right of [place] ; for example, the Crown in Right of the United Kingdom, the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. Because both Canada and Australia are federations, there are also crowns in right of each Canadian province and each Australian state . When referring to

4515-713: The Council of the Haida Nation. The CHN recognizes the separate jurisdiction of the Kaigani Haida, in southern Alaska , who are members of the Haida Nation, but are governed by the Central Council of the Tlingit and Haida Indian Tribes of Alaska . All Haida territories were in the past also claimed by Russia and Spain as well as the United States. Once Russian and Spanish claims to Haida Gwaii were given up in treaties with Britain and

4620-525: The Crown is used to mostly mean the authority of government; its meaning changes in different contexts. In the context of people considering the claims and settlements related to the Treaty of Waitangi , professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government." In the Bailiwick of Guernsey , legislation refers to

4725-490: The Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to". Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define", while William Wade stated the Crown "means simply the Queen". Warren J. Newman described the Crown is "a useful and convenient means of conveying, in

4830-403: The Crown in Right of the Bailiwick of Guernsey or the Crown in Right of the Bailiwick and the law officers of the Crown of Guernsey submitted that, "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the collective governmental and civic institutions, established by and under the authority of the monarch, for

4935-602: The Crown in Right of the United Kingdom. Following the Lords' decision in Ex parte Quark , 2005, it is held that the King, in exercising his authority over British Overseas Territories , does not act on the advice of the Cabinet of the United Kingdom , but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with

5040-402: The Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities". The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers , legislature, or judges, none of which may advise the Crown in any other realm. In New Zealand, the term

5145-497: The Crown's legal personality is usually regarded as a corporation sole , it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community". J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to

5250-443: The Crown; usages such as, "for the Crown, Joe Bloggs argued", being common. The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown. Qui tam lawsuits on behalf of the Crown were once common, but have been unusual since

5355-481: The European Union , where "Miller" is Gina Miller , a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller . Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union . In Scotland , criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal ) in

SECTION 50

#1732844492986

5460-712: The Haida Nation, and the Secretariat has multiple rights to the credit of the Council of the Haida Nation. The Village Councils are concerned with the well-being of the communities and Band members. The Village Councils may initiate laws. Chief Councillor: Billy Yovanovich Councillors: Duane Alsop, Lyndale George, David Crosby, Michelle McDonald, Trent Moraes, Michelle Pineault, Robert Russ. Chief Councillor: Donald (Duffy) Edgars Councillors: Brodie Swanson (Deputy), Lisa White, Cecil Brown, Ashley Jacobson, Robert Brown, Brodie Swanson, Benjamin Edgars The Haida citizenship act

5565-476: The Latin word status , meaning "condition, circumstances". Latin status derives from stare , "to stand", or remain or be permanent, thus providing the sacred or magical connotation of the political entity. The English noun state in the generic sense "condition, circumstances" predates the political sense. It was introduced to Middle English c.  1200 both from Old French and directly from Latin. With

5670-665: The Troubles . As noted by Irish republican Danny Morrison , "[t]he term 'security forces' suggests legitimacy , which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority." Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative". The Crown is represented by the image of

5775-619: The Tudor Crown design was standardised and continued in use until the reign of Elizabeth II in 1952 when a heraldic St Edward's Crown was restored. In 2022, Charles III opted for a modified Tudor Crown design. Crown copyright applies in perpetuity to depictions of the Royal Arms and any of its constituent parts under the royal prerogative , and The National Archives restricts rights to reproduce them. Although Crown Copyright usually expires 50 years after publication, Section 171(b) of

5880-563: The United States, the islands continued to be claimed by the United States until the British claim to them was formalized by the creation of the Colony of the Queen Charlotte Islands in 1853. Russian claims to Kaigani Haida territory were sold to the United States in 1867 with the Alaska Purchase . The Council, formed in 1974, has been involved in many conflicts over the fate of its territories, which have been part of Canada since 1871, and by

5985-400: The abbreviation R (i.e. the case name at trial would be R v Smith ; if the defendant appeals against the Crown, the case name would be Smith v The King ). In Western Australia and Tasmania , prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith ). Victorian trials in the original jurisdiction will be brought in

6090-413: The alignment and conflict of interests between individuals in a state. On the other hand, the predatory view of the state focuses on the potential mismatch between the interests of the people and interests of the state. Charles Tilly goes so far to say that states "resemble a form of organized crime and should be viewed as extortion rackets." He argued that the state sells protection from itself and raises

6195-564: The appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen ). In reporting on court proceedings in New Zealand , news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing

6300-427: The archaeological record as of 6000 BC; in Europe they appeared around 990, but became particularly prominent after 1490. Tilly defines a state's "essential minimal activities" as: Importantly, Tilly makes the case that war is an essential part of state-making; that wars create states and vice versa. Modern academic definitions of the state frequently include the criterion that a state has to be recognized as such by

6405-515: The bench) governance and the civil service . The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It

SECTION 60

#1732844492986

6510-413: The body politic (which never dies). The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder". The terms the state , the Crown , the Crown in Right of [jurisdiction] , His Majesty the King in Right of [jurisdiction] , and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as

6615-549: The boundaries of the state. Privatization , nationalization , and the creation of new regulatory bodies also change the boundaries of the state in relation to society. Often the nature of quasi-autonomous organizations is unclear, generating debate among political scientists on whether they are part of the state or civil society. Some political scientists thus prefer to speak of policy networks and decentralized governance in modern societies rather than of state bureaucracies and direct state control over policy. The earliest forms of

6720-408: The copyright for government publications ( Crown copyright ). This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers. The Crown also represents the legal embodiment of executive, legislative , and judicial governance. While

6825-421: The court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures. In criminal proceedings , the state is the prosecuting party; the case is usually designated (in case citation ) as R v [ defendant ] , where R can stand for either rex (if the current monarch is male) or regina (if

6930-685: The eastern coast. The Haida Nation encompasses the Haida Gwaii archipelago and surrounding water. This includes the Dixon Entrance , half of the Hecate Strait , half the distance to Vancouver Island , and westward from the land toward the Pacific Ocean . The Mandate is an order for the Council of the Haida Nation. The Council follows the Mandate to the best of their abilities. The Mandate acknowledges

7035-472: The emergence of a social class of people who did not have to spend most of their time providing for their own subsistence, and writing (or an equivalent of writing, like Inca quipus ) because it made possible the centralization of vital information. Bureaucratization made expansion over large territories possible. The first known states were created in Egypt , Mesopotamia , India , China , Mesoamerica , and

7140-450: The evolutionary development of a state apparatus. Rather, the principal of their socialty, as Pierre Clastres has put it, is fundamentally against the state. During the Neolithic period, human societies underwent major cultural and economic changes, including the development of agriculture , the formation of sedentary societies and fixed settlements, increasing population densities, and

7245-412: The exercise of chiefly power." The most commonly used definition is by Max Weber who describes the state as a compulsory political organization with a centralized government that maintains a monopoly of the legitimate use of force within a certain territory. Weber writes that the state "is a human community that (successfully) claims the monopoly of the legitimate use of physical force within

7350-562: The existence of several non-stratified and politically decentralized complex societies. Mesopotamia is generally considered to be the location of the earliest civilization or complex society , meaning that it contained cities , full-time division of labor , social concentration of wealth into capital , unequal distribution of wealth , ruling classes, community ties based on residency rather than kinship , long distance trade , monumental architecture , standardized forms of art and culture, writing, and mathematics and science . It

7455-587: The following : The constitution acknowledges the Haida language (X̱aad Kil and X̱aayda Kil) and English as the official languages of the Haida Nation. The House of Assembly is a legal form of Haida National government. This group has the right to pass laws which align with the Constitution of the Haida Nation. The House of Assembly meets yearly with the Council of the Haida Nation. These meetings occur in October during

7560-612: The fore: note the res publica of ancient Rome and the Rzeczpospolita of Poland-Lithuania which finds echoes in the modern-day republic . The concept of temple states centred on religious shrines occurs in some discussions of the ancient world. Relatively small city-states , once a relatively common and often successful form of polity, have become rarer and comparatively less prominent in modern times. Modern-day independent city-states include Vatican City , Monaco , and Singapore . Other city-states survive as federated states, like

7665-483: The governance of these islands, including the states of Guernsey and legislatures in the other islands, the royal court and other courts, the lieutenant governor, parish authorities, and the Crown acting in and through the Privy Council". In the Bailiwick of Jersey , statements by the law officers of the Crown define the Crown's operation in that jurisdiction as the Crown in Right of Jersey , with all Crown land in

7770-437: The government is the particular group of people, the administrative bureaucracy that controls the state apparatus at a given time. That is, governments are the means through which state power is employed. States are served by a continuous succession of different governments. States are immaterial and nonphysical social objects, whereas governments are groups of people with certain coercive powers. Each successive government

7875-420: The government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant . The titles of these cases now follow the pattern of R (on the application of [X]) v [Y] , notated as R ([X]) v [Y] , for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting

7980-449: The imposition of Canadian sovereignty and the extraction of resources under Canadian authority are illegal infringements on Haida title and rights. This is a clear assertion of their sovereignty and a challenge to the existing state sovereignty, a hallmark of autonomist movements. The Haida Gwaii islands are one of the richest marine and terrestrial environments on earth. The Haida people are a product of their environment; thus their culture

8085-622: The international community. Liberal thought provides another possible teleology of the state. According to John Locke, the goal of the state or commonwealth is "the preservation of property" (Second Treatise on Government), with 'property' in Locke's work referring not only to personal possessions but also to one's life and liberty. On this account, the state provides the basis for social cohesion and productivity, creating incentives for wealth-creation by providing guarantees of protection for one's life, liberty and personal property. Provision of public goods

8190-411: The lack of war which European states relied on. A state should not be confused with a government; a government is an organization that has been granted the authority to act on the behalf of a state. Nor should a state be confused with a society; a society refers to all organized groups, movements, and individuals who are independent of the state and seek to remain out of its influence. Neuberger offers

8295-466: The legal lexicons of the United Kingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms . There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country. However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms. In each Commonwealth realm,

8400-467: The monarch and other elements of society (especially the nobility and the cities) gave rise to what is now called the Standestaat , or the state of Estates, characterized by parliaments in which key social groups negotiated with the king about legal and economic matters. These estates of the realm sometimes evolved in the direction of fully-fledged parliaments, but sometimes lost out in their struggles with

8505-405: The monarch is female), and the v stands for versus . For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown and Smith". The Crown is, in general, immune to prosecution and civil lawsuits . So, R is rarely (albeit sometimes ) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by

8610-543: The monopolistic tendency of states, Robert Nozick argues that the use of force naturally tends towards monopoly. Another commonly accepted definition of the state is the one given at the Montevideo Convention on Rights and Duties of States in 1933. It provides that "[t]he state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with

8715-400: The name of the director of public prosecutions . The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. Judges usually refer to the prosecuting party as simply "the prosecution" in the text of judgments. In civil cases where the Crown is a party, it is a customary to list the body politic (e.g. State of Queensland or Commonwealth of Australia ) or

8820-506: The name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate , in place of rex or regina ; as in, HMA v Al Megrahi and Fahima . Most jurisdictions in Australia use R or The King (or The Queen ) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using

8925-686: The nation-state, theoretically or ideally co-terminous with a "nation", became very popular by the 20th century in Europe, but occurred rarely elsewhere or at other times. In contrast, some states have sought to make a virtue of their multi-ethnic or multinational character ( Habsburg Austria-Hungary , for example, or the Soviet Union ), and have emphasised unifying characteristics such as autocracy , monarchical legitimacy , or ideology . Other states, often fascist or authoritarian ones, promoted state-sanctioned notions of racial superiority . Other states may bring ideas of commonality and inclusiveness to

9030-439: The notion of the state as a polity. He stated that politics was not a "one-way process of political management" but, rather, that the activities of civil organizations conditioned the activities of political parties and state institutions, and were conditioned by them in turn. Louis Althusser argued that civil organizations such as church , schools , and the family are part of an "ideological state apparatus" which complements

9135-470: The organizational characteristics like geographic boundaries or authority figures and officials that states do. Additionally, a nation does not have a claim to a monopoly on the legitimate use of force over their populace, while a state does, as Weber indicated. An example of the instability that arises when a state does not have a monopoly on the use of force can be seen in African states which remain weak due to

9240-433: The other states." And that "[t]he federal state shall constitute a sole person in the eyes of international law." Confounding the definition problem is that "state" and "government" are often used as synonyms in common conversation and even some academic discourse. According to this definition schema, the states are nonphysical persons of international law , governments are organizations of people. The relationship between

9345-431: The power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. The Lords of Appeal wrote, "the Queen is as much the Queen of New South Wales and Mauritius and other territories acknowledging her as head of state as she is of England and Wales, Scotland, Northern Ireland, or the United Kingdom." The Crown in each of

9450-404: The present day German city-states , or as otherwise autonomous entities with limited sovereignty, like Hong Kong , Gibraltar and Ceuta . To some extent, urban secession , the creation of a new city-state (sovereign or federated), continues to be discussed in the early 21st century in cities such as London . A state can be distinguished from a government . The state is the organization while

9555-497: The question about why people should trust a state when they cannot trust one another. Tilly defines states as "coercion-wielding organisations that are distinct from households and kinship groups and exercise clear priority in some respects over all other organizations within substantial territories." Tilly includes city-states, theocracies and empires in his definition along with nation-states, but excludes tribes, lineages, firms and churches. According to Tilly, states can be seen in

9660-472: The realm and crown of England, is only to assert that our king is equally sovereign and independent within these his dominions, as any emperor is in his empire; and owes no kind of subjection to any other potentate on earth." The concept of the Crown took form under the feudal system . Though not used this way in all countries that had this system, in England, all rights and privileges were ultimately bestowed by

9765-565: The reign of Henry VIII in the Ecclesiastical Appeals Act 1532 which declared that 'this realm of England is an empire   ... governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same'. In William Blackstone 's 1765 Commentaries on the Laws of England , he explained that "the meaning therefore of the legislature, when it uses these terms of empire and imperial , and applies them to

9870-439: The relevant jurisdiction's name. (In countries using systems of government derived from Roman civil law , the state is the equivalent concept. ) However, the terms the sovereign or monarch and the Crown , though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally , its functions are exercised in

9975-468: The revival of the Roman law in 14th-century Europe, the term came to refer to the legal standing of persons (such as the various " estates of the realm " – noble, common, and clerical), and in particular the special status of the king. The highest estates, generally those with the most wealth and social rank, were those that held power. The word also had associations with Roman ideas (dating back to Cicero ) about

10080-398: The ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage : owners of land held as socage held it subject only to the crown. When such lands become ownerless, they are said to escheat ; i.e. return to direct ownership of the Crown ( Crown land ). Bona vacantia

10185-455: The scheduled date. All motions placed through the House of Assembly can only be approved by a vote of three-quarter approval or more. The Council of the Haida Nation sustains a Secretariat. The duties of the Secretariat are as follows: the Secretariat answers to both the House of Assembly and the Council of the Haida Nation, the Secretariat acts as Treasurer and will manage the staff of the Council of

10290-522: The sovereign's name by ministers of the Crown drawn from and responsible to the elected chamber of parliament . Still, the king or queen is the employer of all government officials and staff (including the viceroys , judges, members of the armed forces, police officers, and parliamentarians), the guardian of foster children ( Crown wards ), as well as the owner of all state lands ( Crown land ), buildings and equipment (Crown property), state-owned companies (Crown corporations or Crown entities ), and

10395-486: The state emerged whenever it became possible to centralize power in a durable way. Agriculture and a settled population have been attributed as necessary conditions to form states. Certain types of agriculture are more conducive to state formation, such as grain (wheat, barley, millet), because they are suited to concentrated production, taxation, and storage. Agriculture and writing are almost everywhere associated with this process: agriculture because it allowed for

10500-416: The term the Crown , at its broadest, now means the government or the polity known as the state , while the sovereign in all realms is the living embodiment of the state, or symbolic personification of the Crown. The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and

10605-411: The third week of the month. Each yearly meeting alternates between G̱aaw (Old Masset) and Hlg̱aagilda (Skidegate). In addition to the House of Assembly meetings, the Council of the Haida Nation meet quarterly with Haida citizens. The Vice President calls the House of Assembly meeting twenty days before the meeting date. They may also call other meeting dates if required, again, at least twenty days before

10710-461: The use of pottery and more complex tools. Sedentary agriculture led to the development of property rights , domestication of plants and animals, and larger family sizes. It also provided the basis for an external centralized state. By producing a large surplus of food, more division of labor was realized, which enabled people to specialize in tasks other than food production. Early states were characterized by highly stratified societies, with

10815-507: Was approved on 31 May 2017. When accepted as a Haida Nation citizen, one receives both a Card and a Certificate. The card is used for identification purposes, and the certificate is the official citizenship document. The Constitution of the Haida Nation states that the title of Haida Gwaii Citizen may be given to an individual who does not have Haida ancestry. This title does not include receiving Haida indigenous rights or Haida heritage claims. The Crown The Crown broadly represents

10920-481: Was differentiated from "leagues of independent cities, empires, federations held together by loose central control, and theocratic federations" by four characteristics: States may be classified by political philosophers as sovereign if they are not dependent on, or subject to any other power or state. Other states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state. Many states are federated states which participate in

11025-577: Was the world's first literate civilization, and formed the first sets of written laws . Bronze metallurgy spread within Afro-Eurasia from c.  3000 BC , leading to a military revolution in the use of bronze weaponry, which facilitated the rise of states. Although state-forms existed before the rise of the Ancient Greek empire, the Greeks were the first people known to have explicitly formulated

#985014