Lecture notes
Lecture notes Law (LLB)
- Module
- (LLB)
- Institution
- University Of Winchester (UoW)
everything you will need in detail to do with the separation of powers in public law
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The monarch1. 1st line of succession to the crown
- Outcome of the glorious revolution is that parliament controls the line of succession to the
crown
Parliamentary sovereign
- William and mary were invited to take the throne.
- Bill of rights 1688 spelled out the lone of succession
- William and mary never had kids
- Annes children had all died
- Act of settlement 1700;
Anne
Sophia of hannover; and any descendants
Hires of her body
Male preference
Being protestant
No catholics
- Once geroge I took to the throne, the line of succession has been stable
Edward viii
- 1936- the year of the three kings
- Geroge v
- Edward viii- abdicated; his majestys declaration of abdication act 1936
- George vi – resigned until 1952
- Eldest child Elizabeth
Recent changes
- Succession to the crown act 2013; s1. Removed the rule of primogeniture; those born after 28
october 2011
- S.2; no longer the case that catholics are excluded from the lone of succession; but as we will see
the monarch is required to be an Anglican
You cannot skip a generation
Alternatively … regency
- Regent, someone who fulfuils the monarchs functions in their place
- Regency acts 1937-1953 provide for regent in the following circumstances;
If the monarch is under 18 years old;
If three or more of the following; spouse of the monarch, the lord chancellor, the speaker of the
house of commons, the master of the rolls, the lord chief justice
- Conclude that due to ‘infirmity of mind or body’ the monarch cannot fulfil tehri functions
Councillors of state
- If the situation is less serious; or if the monarch is absent from the UK; then a councillor of state
can fulfil certain designated functions
- The spouse of the monarch; and the next four in line to the crown
- Fulfil the functions as outlined in their appointment- letters patent
The record breaking queen
- Oldest ever monarch 93 years
- Longest reigning ever monarch
- Oldest head of state in the world
- Some functions are being informally transferred to other members of the royal family to carry
out on her behalf
2. Royal marriages
- The royal marriages act 1772, required anyone who was in the line of succession, to seek the
consent of the monarch before marriage
- If consent was not granted or sought, the marriage was ‘null and void’
Permission for the marriage of prince William and Catherine middleton was sought under the act
- This was repealed by the succession to the crown act 2013
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