The Law of Succession – A Lesson in How Not to Reform Transnational Law

3 Pages Posted: 27 May 2015

Date Written: May 26, 2015

Abstract

On 28 October 2011, proposed reforms to the succession to the throne were announced during the 2011 Commonwealth Heads of Government Meeting in Perth, Australia. The heads of government of the 16 Commonwealth realms agreed to change the rules of succession by replacing male preference primogeniture with absolute primogeniture, in which the first-born child of a monarch would be heir apparent regardless of gender. The change would only apply for persons born after October 2011. It was also proposed to end both the ban on marriage to Catholics and the requirement for those in line to the throne to gain the permission of the sovereign to marry. However the requirement for the sovereign to be in communion with the Church of England was proposed to remain, as well as the specific ban on Catholics sitting on the throne.

Depending on individual constitutional arrangements, the proposed reforms needed to be approved by parliaments of most of the realms. However, in some realms such as Papua New Guinea and Tuvalu, the reforms would not require direct legislation and would become automatic if and when the changes are implemented in the United Kingdom. New Zealand chaired a working group to determine the process for reform.

Keywords: Commonwealth, law of succession, reform

Suggested Citation

Cox, Noel S.B., The Law of Succession – A Lesson in How Not to Reform Transnational Law (May 26, 2015). Available at SSRN: https://ssrn.com/abstract=2610829

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