Friday, September 26, 2008

Act of Settlement - Short Explanation

The 1701 Act of Settlement, passed at a time of widespread suspicion of Roman Catholics in England, stipulated that only Protestant heirs of Sophia, granddaughter of James I, could take the British throne.

Neither Catholics, nor those who marry a Catholic, nor those born out of wedlock, could remain in the line of succession.

More than 300 years later, the act remains a key part of the constitution.

Dozens of people have been barred from taking their place in the order of succession because of it.

Under the doctrine of primogeniture, also enshrined in the act, sons take precedence over daughters and the right of succession belongs to the eldest son. The act has been challenged on the grounds that it contravenes the European convention on human rights.

According to the Human Rights Act, judges are expected to interpret a statute as far as possible so as to be compatible with the convention.

The Act of Settlement violates article 9 of the convention, the right to freedom of thought, conscience and religion; article 1 of protocol 1, the right to peaceful enjoyment of possessions - such as a place in the line of succession; and article 14, banning discrimination in relation to any convention right.
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(Source: guardian.co.uk)