Search
Generic filters
06 September 2024

A Standoff Between the Monarchy and the People

On 7 August 2024, Thailand’s Constitutional Court ordered the dissolution of the Move Forward Party (MFP), the country’s most popular political party. The dissolution follows a decision in January, when the Constitutional Court ruled that the MFP’s campaign to amend section 112 of the Penal Code (the lèse-majesté law) constituted an attempt to overthrow the democratic regime with the king as head of state (DRKH), which is considered a fundamental principle of the Thai state. The decision is another chapter in a long-standing conflict over the scope of the criminal offense of lèse-majesté, the extent of freedom of expression, and ultimately, the character of the Thai state. Continue reading >>
0
28 September 2022

Consensus and the Crown

The late Queen was loved by many of those who felt no allegiance to her, and respected by many who did not love her. By contrast, prior to his accession, the new King had struggled to be respected, let alone loved. Will his Canadian subjects maintain their allegiance to him? The question, however inevitable, is largely idle in light of the political difficulties that any attempt to secure constitutional change in Canada has encountered for 30 years. The monarchy will remain, by default if not by desire, just as King Charles III rather than his more popular son succeeded regardless of his subjects’ feelings on the matter. Continue reading >>
0
23 September 2022

The Republic Debate in Australia

With the death of long reigning monarch Queen Elizabeth II, and the ascension of King Charles III, a conversation has been reignited as to whether it is time for Australia to move to a republic. In Australia, this conversation is complicated by the failure of the republic referendum in 1999. The divisions over the model of selecting the Head of State that marred that vote remain unresolved, and there is a distinct lack of any urgency within the broader Australian public. Continue reading >>
0
14 September 2022

Giving Offence is no Offence

The death of Queen Elizabeth II last week, and thus the accession to the throne of King Charles III is an opportunity for reflection. However, what some have found here in the UK is that expressing republican sentiment in public has been met with a policing intervention – arrest or warning. This post considers the legality of expressing such views, and thus of the police response too, as well as some wider issues about the policing of protest, dissent and free speech. Continue reading >>
0
31 March 2021

Consent to Govern

One of the biggest difficulties associated with understanding the constitutional position of the monarch in the United Kingdom has to do with the fact that they are simultaneously three things: the head of an institution, a symbol and a person with private interests. All three of these aspects have combined in recent revelations surrounding the constitutional requirement of Queen’s (or Royal) Consent, revelations that cast considerable doubt on the place of that practice in the contemporary constitutional landscape. Continue reading >>
0
18 March 2021

The “Pablo Hasél Case”

In Spain, the recent conviction of the rapper Pablo Hasél for ‘crimes of expression’ has aroused intense public debate. He defamed members of the Spanish royal family, which is an aggravated offence under the Spanish Penal Code, as compared to defamation of any other member of the public. The reasoning of Hasél’s sentence is, on several points, hardly compatible with the case law of the European Court of Human Rights in terms of freedom of expression. It is, in fact, an overzealous application of an already problematic offence, variations of which the ECHR has already condemned. Continue reading >>
Go to Top