Author Topic: Government starts effort to change succession law  (Read 27210 times)

0 Members and 1 Guest are viewing this topic.

Offline grandduchessella

  • Global Moderator
  • Velikye Knyaz
  • *****
  • Posts: 13061
  • Getting Ready to Move to Europe :D
    • View Profile
    • Facebook page
Re: Government starts effort to change succession law
« Reply #75 on: April 26, 2013, 09:13:22 AM »
So now those who are 100+ in line for the throne won't have to seek even the courtesy permission to marry--just Andrew, Harry, Beatrice, Eugenie and Charles and William if they ever had to remarry. Eugenie will be bounced once the Cambridge's baby is born.

From Dan Willis's blog re: the Catholic issue:

"The first person in line who this applies to is Prince Michael of Kent. He and his children have remained Anglican, but his wife is Roman Catholic. Under the current law Michael would be skipped and his son would be next. The new law grants succession rights to Michael (again he is something like #37 or so). This provision will add several people further down the line such as the King of Romania and the Crown Prince of Yugoslavia, both of whom are Orthodox but have married Catholic women. Some of the Duke of Kentís children and grandchildren have converted to Catholicism and as such remain outside of the succession, even under the new law."
They also serve who only stand and wait--John Milton
Come visit on Pinterest--http://pinterest.com/lawrbk/

Offline mcdnab

  • Boyar
  • **
  • Posts: 217
    • View Profile
Re: Government starts effort to change succession law
« Reply #76 on: April 26, 2013, 12:14:35 PM »
A sensible decision reference the replacement of the RMA (which quite frankly was outrageous) as to the Catholic issue - a sensible fudge in my opinion that sticks with the basic premise of the Glorious Revolution and susbequent legislation.

Offline Kalafrana

  • Velikye Knyaz
  • ****
  • Posts: 2912
    • View Profile
Re: Government starts effort to change succession law
« Reply #77 on: April 26, 2013, 02:09:55 PM »
First six in line are currently Charles, William, Wlliam's child (technically 'a life in being' already), Harry, Andrew and Beatrice. When Alfonso XII of Spain died in 1886, there was a vacancy of the throne during the wait to see whether his pregnant Queen produced a son or daughter. The child proved to be Alfonso XIII (1886-1931). It might be argued that as William's child will now succeed irrespective of sex, then if William were already reigning, and died during Kate's pregnancy, then there would be no vacancy of the throne. There is a precedent from Byzantine times of a monarch being crowned in utero. It's in JJ Norwich's Byzantium: The Early Centuries, and the unborn monarch was, I think, a Persian. Will look it up.

Ann

Offline CHRISinUSA

  • Knyaz
  • ****
  • Posts: 844
    • View Profile
Re: Government starts effort to change succession law
« Reply #78 on: April 26, 2013, 02:38:11 PM »
The changes in the line of succession are complete in all commonwealth realms except Australia and New Zealand, where they are still pending.

The UK:   Received royal assent - done.

The smaller realms (Jamaica, Belize, Solomon Islands, etc) have each determined that their constitutions or existing legislation do not require amending due to the way those were written on the issue of succession (ie.  their own laws all basically say whoever is monarch in the UK is their monarch).  Therefore, with the royal assent of the UK legislation, the new succession applies in those realms.   Done.

Canada:  Succession to the Throne Act 2013 approved and received royal assent on 27 March, 2013.  Done.

New Zealand:  Royal Succession Bill (Bill 99-1): introduced 18 February 2013.  Pending approval but not expected to be a problem.  Almost done.

Australia:  The only realm with an actual challenge - one of the states (Queensland) decided that under Australia's federalized structure, each state is sovereign and therefore they have the right to pass their own state law affecting succession in their jurisdiction.  On 13 February Queensland's legislature introduced its own succession bill.  However - this is expected to be resolved because the federal government says if Queensland proceeds, it will override the state legislature in favor of national legislation.  The Australian federal legislation will be presented to the federal parliament in May 2013 including - if necessary - legislation to override Queensland's bill.  Almost done.

Offline CHRISinUSA

  • Knyaz
  • ****
  • Posts: 844
    • View Profile
Re: Government starts effort to change succession law
« Reply #79 on: April 26, 2013, 03:35:47 PM »
It might be argued that as William's child will now succeed irrespective of sex, then if William were already reigning, and died during Kate's pregnancy, then there would be no vacancy of the throne. There is a precedent from Byzantine times of a monarch being crowned in utero. It's in JJ Norwich's Byzantium: The Early Centuries, and the unborn monarch was, I think, a Persian. Will look it up.

Interesting question.  I just went back and read the Act of Settlement (which is still in force except those clauses that were repealed under the new succession law) and it doesn't address the issue of an unborn heir.  Some other monarchist countries specifically spell out in their constitutions what would happen in this regard (I can't recall which countries off-hand, but have read a few succession laws that say if the wife of a recently deceased monarch is expecting, the succession waits until the birth of the child and - if the child is stillborn - they are treated as if they had never existed for succession purposes).  But I'm not aware of any UK law that addresses the topic so - like so many issues under Civil Law - it would probably be addressed only if and when the need arose.

Offline Kalafrana

  • Velikye Knyaz
  • ****
  • Posts: 2912
    • View Profile
Re: Government starts effort to change succession law
« Reply #80 on: April 27, 2013, 05:43:56 AM »
It would be a matter of common law here certainly.

The Persian King crowned in utero was Shapur II (309-79), who undertook several campaigns against the Eastern Roman Empire. Details of his career can be found in Norwich, p.96, and Gibbon (who calls him Sapor). According to wikipedia, following his father's death, enemy nobles killed Shapur's eldest half-brother, blinded the second and imprisoned the third (who escaped to Rome). That left only the pregnant lesser wife, hence the curious coronation.

Ann 

Offline TimM

  • Velikye Knyaz
  • ****
  • Posts: 1937
    • View Profile
    • Rex and Hannah Chronicles Wikia
Re: Government starts effort to change succession law
« Reply #81 on: April 27, 2013, 09:07:46 AM »
So if William and Kate's first born child is a girl, she'll be first in line after William. 
Cats: You just gotta love them!

Offline Lucien

  • Velikye Knyaz
  • ****
  • Posts: 7346
  • Courtier
    • View Profile
Government starts effort to change succession law
« Reply #82 on: April 29, 2013, 11:08:17 PM »
So if William and Kate's first born child is a girl, she'll be first in line after William. 

That's it!Makes sense..one wouldn't understand the hullabaloo over something that comes so natural as this...Really..!
It is,after all,2013AD not BC.
Je Maintiendrai