The monarchy of Saint Kitts and Nevis is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Kitts and Nevis. The current monarch of Saint Kitts and Nevis, since , is . As sovereign, he is the personal embodiment of the Crown of Saint Kitts and Nevis. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled of Saint Christopher and Nevis and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Kitts and Nevis. However, the is the only member of the royal family with any constitutional role.
All executive authority is vested in the monarch, and royal assent is required for the National Assembly of Saint Kitts and Nevis to enact laws and for letters patent and Orders in Council to have legal effect. Most of the powers are exercised by the elected members of parliament, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace. Other powers vested in the monarch, such as dismissal of a prime minister, are significant but are treated only as reserve powers and as an important security part of the role of the monarchy.
The Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power. While some powers are exercisable only by the sovereign, most of the monarch's operational and ceremonial duties are exercised by his representative, the governor-general of Saint Kitts and Nevis.
Origins
Sir Thomas Warner arrived from England in 1623, and established the first successful English colony in the West Indies at Old Road on the west coast. The French first arrived on the island in 1625 and established a colony in 1627 under Pierre Belain d'Esnambuc. Divided during the 17th century between French and English colonists, Saint Kitts was given to Britain by the Treaty of Utrecht of April 1713 and remained in British possession despite the capture of Brimstone Hill in 1782 by the French. The island was restored to Britain by the Peace of Paris treaty signed in 1783.
Nevis was settled by the English in 1628 and soon became one of the most prosperous of the Antilles. Although it suffered from French and Spanish attacks in the 17th and 18th centuries, it maintained a sound economic position until the mid-19th century.
Saint Kitts and Nevis, along with Anguilla, were federated in 1882. After a brief period as part of the West Indies Federation, the islands became an associated state with full internal autonomy in 1967. Both Nevis and Anguilla were unhappy at St Kitts's domination of the federation, with Anguilla unilaterally declaring independence in 1967. After unsuccessful negotiations, the Anguilla Act of July 1971 placed Anguilla directly under British control. In 1976, Anguilla was granted a constitution, and its union with Saint Kitts and Nevis was formally severed in 1980.
A constitutional conference was held in London in 1982. In spite of disagreement over special provisions for Nevis, Saint Kitts and Nevis achieved full independence on 19 September 1983, as an independent realm within the Commonwealth, with Queen Elizabeth II as the head of state and Queen of Saint Kitts and Nevis.
Princess Margaret represented the Queen at the independence celebrations. She was greeted with a 21-gun salute at Golden Rock airport, and a crowd of thousands cheered the Princess. Following the flag-raising ceremony after midnight, the Princess read a message from her sister, the Queen, and formally handed over the constitutional volumes to the Prime-Minister designate, Kennedy Simmonds.
The Crown of Saint Kitts and Nevis and its aspects
Saint Kitts and Nevis is one of fifteen independent nations, known as Commonwealth realms, which shares its sovereign with other monarchies in the Commonwealth of Nations, with the monarch's relationship with Saint Kitts and Nevis completely independent from his position as monarch of any other realm. Despite sharing the same person as their respective monarch, each of the Commonwealth realms — including Saint Kitts and Nevis — is sovereign and independent of the others. The monarch is represented by a viceroy—the governor-general of Saint Kitts and Nevis—in the country.The Queen's role in St Christopher and Nevis
Since the independence of Saint Kitts and Nevis in 1983, the pan-national Crown has had both a shared and a separate character and the sovereign's role as monarch of Saint Kitts and Nevis is distinct to their position as monarch of any other realm, including the United Kingdom. The monarchy thus ceased to be an exclusively British institution and in Saint Kitts and Nevis became a national, or "domesticated" establishment.
This division is illustrated in a number of ways: The sovereign, for example, holds a unique title in relation to Saint Kitts and Nevis and, when he is acting in public specifically as a representative of the country, he uses, where possible, symbols of Saint Kitts and Nevis, including the country's national flag, unique royal symbols, and the like. Also, only Saint Kitts and Nevis government ministers can advise the sovereign on matters of the country.
In Saint Kitts and Nevis, the legal personality of the State is referred to as "His Majesty in right of Saint Christopher and Nevis", or the "Crown in right of the Government of Saint Christopher and Nevis".
Title In Saint Christopher and Nevis, the monarch's style is: Charles the Third, by the Grace of God, King of Saint Christopher and Nevis and of His other Realms and Territories, Head of the Commonwealth.
Oath of allegiance As the embodiment of the state, the monarch is the locus of oaths of Allegiance. This is done in reciprocation to the sovereign's Coronation Oath, wherein they promise to govern the peoples of their realms, "according to their respective laws and customs".
The oath of allegiance in Saint Kitts and Nevis is:
Succession
Succession is by absolute primogeniture governed by the provisions of the Succession to the Crown Act 2013, as well as the Act of Settlement 1701, and the Bill of Rights 1689. This legislation limits the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulates that the monarch cannot be a Roman Catholic, and must be in communion with the Church of England upon ascending the throne.
Though these constitutional laws, as they apply to Saint Kitts and Nevis, still lie within the control of the British parliament, both the United Kingdom and Saint Kitts and Nevis cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation that applies identically in all the other realms, and which has been likened to a treaty amongst these countries.Justice Rouleau in a 2003 court ruling wrote that "Union under the ... Crown together with other Commonwealth countries [is a] constitutional principle". O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.) Saint Kitts and Nevis last indicated its consent to alteration to the line of succession in 2013, when the National Assembly passed the Succession to the Crown Act, which signified the legislature's acceptance to the British Parliament's Succession to the Crown Act 2013.St Kitts and Nevis prime minister's website
Upon a demise of the Crown (the death or abdication of a sovereign), it is customary for the accession of the new monarch to be proclaimed by the governor-general in the capital, Basseterre, after the accession. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony. An appropriate period of mourning also follows, during which flags across the country are flown at half-mast to honour the late monarch.SKN: Flags Fly at Half Mast in Honor of Her Majesty the Late Queen Elizabeth II
Federal constitutional role
The Constitution of Saint Kitts and Nevis gives Saint Kitts and Nevis a parliamentary system of government under a federal constitutional monarchy, wherein the role of the monarch and governor-general is both legal and practical, but not political. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the sovereign as the person at the centre of the constitutional construct,Cox, Noel; Murdoch University Electronic Journal of Law: Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002) meaning all powers of state are constitutionally reposed in the monarch. The government of Saint Kitts and Nevis is also thus formally referred to as His Majesty's Government of Saint Christopher and Nevis.
Most of the monarch's domestic duties are performed by the governor-general, appointed by the monarch on the advice of the prime minister of Saint Kitts and Nevis.
Executive
One of the main duties of the Crown is to appoint a prime minister, who thereafter heads the cabinet and advises the monarch or governor-general on how to execute their executive powers over all aspects of government operations and foreign affairs. The monarch's, and thereby the viceroy's role is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate, while the Cabinet directs the use of the Royal Prerogative, which includes the privilege to declare war, maintain the King's peace, and direct the actions of the Saint Kitts and Nevis Defence Force, as well as to summon and prorogue parliament and call elections. However, the Royal Prerogative belongs to the Crown and not to any of the ministers, though it might have sometimes appeared that way, and the constitution allows the governor-general to unilaterally use these powers in relation to the dismissal of a prime minister, dissolution of parliament, and removal of a judge in exceptional, constitutional crisis situations.
There are also a few duties which are specifically performed by the monarch, such as appointing the governor-general.
The governor-general, to maintain the stability of the government of Saint Kitts and Nevis, appoints as prime minister the individual most likely to maintain the support of the National of Assembly. The governor-general additionally appoints a Cabinet, at the direction of the prime minister. The monarch is informed by his viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry, and he remains fully briefed through regular communications from his Saint Kitts and Nevis ministers.
Foreign affairs
The Royal Prerogative further extends to foreign affairs: the governor-general ratifies treaties, alliances, and international agreements. As with other uses of the Royal Prerogative, no parliamentary approval is required. However, a treaty cannot alter the domestic laws of Saint Kitts and Nevis; an Act of Parliament is necessary in such cases. The governor-general, on behalf of the monarch, also accredits Saint Kitts and Nevis High Commissioners and ambassadors and receives diplomats from foreign states. In addition, the issuance of passports falls under the Royal Prerogative and, as such, all Saint Kitts and Nevis passports are issued in the governor-general's name, the monarch's representative in Saint Kitts and Nevis.Passports
Parliament
The sovereign, along with the National Assembly, is one of the two components of the Parliament of Saint Kitts and Nevis.