The Revenge of the Arcane Exclusion Clause: The Civil Registration of Marriage and the Royal Family

Australia and New Zealand Law and History Society E-Journal, 2005

22 Pages Posted: 4 Jan 2006

Abstract

In the weeks after the announcement of the wedding of the Prince of Wales and Mrs. Camilla Parker Bowles speculation arose as to the legality of the proposed marriage. The central issue in determining whether the widowed Prince of Wales could lawfully marry divorcee Mrs. Camilla Parker Bowles in a civil ceremony was whether the Marriage Act 1949 applied to the marriage of members of the Royal Family. Both the Marriage Act 1836 and the Marriage Act 1949 appeared to expressly exclude from the application of each Act members of the Royal Family. This raised significant questions about the ways in which laws have been changed over time to address particular constitutional and political concerns, and the extent to which changing values and political groundnorms invalidate the original premises upon which these changes were based, leaving laws which are neglected, misunderstood and often inconvenient for all concerned.

Keywords: royal marriages act; royal wedding; constitutional law

JEL Classification: K10

Suggested Citation

Cox, Noel S.B., The Revenge of the Arcane Exclusion Clause: The Civil Registration of Marriage and the Royal Family. Australia and New Zealand Law and History Society E-Journal, 2005, Available at SSRN: https://ssrn.com/abstract=873544

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