Republics in the Commonwealth hiding under the Crown? A historical perspective

Above: Chhatrapati Shivaji Terminus (formerly Victoria Terminus) - Lit up on India's Republic Day 2015.

 

This blog was written by Dr Manjeet Ramgotra, Senior Lecturer of Political Theory at SOAS University of London. Her research focuses on a critical interpretation of republicanism in the thought of Cicero, Machiavelli and Montesquieu. She further examines recent understandings of republicanism in the twentieth-century with attention to post-colonial republican foundings.

 

Views and opinions expressed in this article are the author's, and do not reflect those of the CPA as a whole.

 

Article posted on 07/05/2025.

In The Spirit of the Laws, Montesquieu claimed that England was “a republic that hides under the form of monarchy”. Although Montesquieu’s theory of the separation and balance of powers outlined in the famous chapter ‘On the English Constitution’ has been interpreted as a theory of constitutional monarchy, it can also be read as a republican constitutional theory that drew on both English and ancient Roman institutional structures.  Moreover, Montesquieu’s theory of the separation and balance of powers influenced the founding of both the American and French Republics. 

What Montesquieu saw in England was a constitutional form of representative government that shared legislative power across both the Houses of Lords and Commons which was separate from the Executive power that he located in the Crown.  He further distinguished an independent judiciary. This constitution had echoes in history in the mixed constitution that Polybius, Cicero and Machiavelli celebrated for its capacity to bring together republican elements of political rule – the nobles and popular social classes in the senatorial and popular law-making institutions – with the political power of one or two consuls.  This republican mixed constitution combined the positive elements of monarchy, aristocracy and democracy. 

Montesquieu’s claim that England is a republic hiding under a crown is not necessarily contradictory and presents an interesting frame through which we might understand not only the Commonwealth’s accommodation of republics since 1947, but also the transition of former monarchies or Commonwealth Realms to independent republics that maintain a parliamentary system with a Prime Minister and a figurative head of state, often a President (in lieu of the Crown or a Governor-General as previously).  In like manner, the role of the British Crown in the organisation increasingly became symbolic as the Commonwealth admitted republics into its fold.  

In 1947 as India was poised to become “a sovereign republic”, the British Commonwealth of Nations was transformed through the London Declaration to accommodate India.  India was allowed to remain a member by accepting “The King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth”. 

Furthermore, the member states including the United Kingdom declared that “they remain united as free and equal members of the Commonwealth of Nations, freely co-operating in the pursuit of peace, liberty and progress”.  This declaration not only allowed republics to become members of the Commonwealth, but also presented the UK as an equal to its former colonies. 

Of the 56 Commonwealth member states today, 36 are republics, 15 are Commonwealth Realms with the British Crown as their head of state (e.g. the King of Canada) and five are monarchies (Brunei Darussalam, Lesotho, Malaysia, Swaziland and Tonga).

The most recent Commonwealth nations to become republics are Barbados in November 2021 and Mauritius in 1992. Both transitioned to republics by creating the office of the President in the place of the Governor-General.  They have also established independent judiciaries and the rule of law.  Barbados is also subject to the Caribbean Court of Justice.

Other states may wish to become republics but confront impediments due to the nature and structure of former colonial rule.  For instance, Canada, Australia and New Zealand are all settler colonies that were granted Dominion Status in 1867, 1901 and 1907 respectively whereas most Caribbean, African and South Asian states were not settler colonies, making it easier to gain full independence because indigenous populations were not subject to the duality of imperial and colonial power.

The Dominions 

The politics in settler colonial states is complicated since complete independence from the British Crown and the creation of a republic would not necessarily spell the end of settler colonial rule to which indigenous peoples are subject.   

Not only were treaties made between indigenous peoples and the British monarchy, but also the monarchy was a power to which the indigenous could appeal to contest the power of the state.  Constitutional reform would impact these treaties.   

In Australia, for instance, aboriginal peoples did not necessarily support the case for becoming a republic.  The movement for republicanism dates from about 1850.  In 1999, the Republic Referendum to determine if Australia would change its constitution was defeated by 55%.  Amongst other reasons for its defeat, some Australian republicans rejected the proposal because they wanted an elected President.   

A similar dynamic was present in New Zealand where the argument for a republic would entail creating a President to replace the Governor-General and establishing a constitution that would better reflect the national identity.  The Māori relied on Crown treaties upon which to ensure the government fulfil its obligations to them and to maintain their status as “original people of the land”.  More recently, however, in 2014 and 2017, agreements have been made between the New Zealand state and the Māori reducing reliance on the Crown and opening the space to consider becoming a republic. 

In 1982, Canada patriated its constitution (i.e. removing the power of the UK Parliament to enact laws within Canada) and greatly expanded the power of the Canadian Supreme Court (1975).  As it did so the question of the indigenous people’s treaties and their capacity to appeal to the British Crown arose.  In the patriation debates with first nations over issues of sovereignty and unceded lands, the principle of ‘honour of the Crown’ was developed and applied by the Supreme Court.  This principle creates a duty of provincial and federal governments “not merely to consult with First Nations, but to consult and to accommodate if possible”.  In addition, Québec wanted greater autonomy and pushed for independence in the 1990s.  The 1992 Charlottetown Accord to give greater autonomy to first nations and Québec was defeated in a national referendum.  Moreover, it is very difficult to make constitutional amendments as these require ratification of both the Senate and House of Commons of the federal government and of all Provincial Legislatures.  So, it is unlikely that Canada would become a republic.  

South Africa was also a settler colonial state that had dominion status in the Commonwealth.  It became a republic in 1961 and was ousted from the Commonwealth due to its racist apartheid policy.  It was readmitted to the Commonwealth in 1994 as it ended apartheid and as it created a new constitution and South African Republic that “belongs to all those who live in it” and who are “united in their diversity” (Preamble to the South African Constitution, 1996). 

The Caribbean

Of the 12 Caribbean Commonwealth members, four are republics (Dominica, Guyana, Trinidad and Tobago, and Barbados).  Dominica is the only Caribbean state to become a republic upon independence in 1978. Guyana became a republic in 1970, and Trinidad and Tobago did so in 1976.  These countries reformed their constitutions in consultation and engagement with their citizens and established constitutional reform commissions to examine the issue.  

Barbados had broad discussions in the past, but when it became a republic in 2021, it did not directly consult its citizens, using as justification the reviews conducted by the Cox and Forde Commissions of 1977 and 1996, respectively and the overwhelming majority achieved by the new government on a platform that included transitioning to a republic.  The 1979 Cox report was not favourable to Barbados government; whereas the 1998 Forde report recommended that the “government should be a parliamentary republic with the Head of State being a President”.  However, no referendum on transitioning to a republic was held.  Upon winning all 30 seats of the Barbados House of Assembly in 2018, the Prime Minster, Mia Motley determined to transform Barbados into a republic.  The Governor-General of Barbados announced this in the Throne Speech of September 2020, underlining that this reform will allow Barbadians “to fully leave our colonial past behind” and to obtain “full sovereignty”. 

Other Caribbean Realms of the Commonwealth – notably Jamaica – have been seriously considering becoming republics. Few nations have been able to progress further, given the requirements for three-quarters or two-thirds supermajorities required in one or both Houses of Parliament along with, in some cases, a referendum required to effect constitutional change in many jurisdictions.   

Hence the bar to constitutional reform is high.  Nevertheless, there continues to be a strong and renewed desire for Caribbean countries to become republics, notably due to “disaffection with archaic British tradition” following the death of Queen Elizabeth II, the question of reparations for formerly enslaved peoples, and difficult relations between the UK and Caribbean due to the Windrush crisis whereby longstanding UK inhabitants were not granted citizenship and were precipitously deported, and UK government threats to introduce direct rule in the British Virgin Islands. 

Conclusion 

The question of republicanism in the Commonwealth is a complicated one.  By and large, there are three groups of republics within the Commonwealth.   

First, there are many states that became republics upon independence (including most African, some Pacific and South Asian states) and those that became republics after periods of conflict or civil war that immediately followed independence, such as Fiji and The Maldives.   

A second group includes states that became republics through processes of consultation and engagement with their citizens, including referenda and the creation of constitutional reform commissions.  These states, largely in the Caribbean, are populated by the descendants of formerly enslaved populations and have wanted to cut all historical imperial ties.   

The final group of Commonwealth member states are the ‘settler colonies’ discussed above who have aspired to become republics (excepting South Africa) but have had difficulties doing so given the historical and complicated relations between first nations, settlers and the formerly imperial power.  This group of states have repatriated their constitutions and may be described as ‘Parliamentary republics hiding under the Crown’.