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I Am Pleased to Introduce the Succession to the Crown Bill 2014
I am pleased to introduce the Succession to the Crown Bill 2014, which facilitates Australia’s national response to the United Kingdom’s changes to the rules of Royal succession. Two of the changes were initially discussed by leaders of the sixteen Commonwealth realms where the Queen is the Head of State at the CHOGM meeting held in Perth on 28 October 2011. The UK Government proposed a further change which was also agreed. The UK Parliament passed the Succession to the Crown Act 2013 (the UK Act) on 25 April 2013 to make the agreed changes. Australia needs to take legislative action to ensure that the Sovereign of the UK is the same person as the Sovereign of Australia as, under the Australia Acts 1986 (Cth and UK), no Act passed by the UK Parliament extends automatically to the Commonwealth, or to a State or Territory. The UK Act makes three key changes to modernise those rules of Royal succession, which are discriminatory and out of date in the context of today’s society. Firstly, it removes the rule of male preference over females in the line of succession. This change will have retrospective effect back to the date of the CHOGM meeting. If the Duke and Duchess of Cambridge had in fact had a daughter, then this daughter would have preceded a future younger brother in the line of succession and remained third in line to the throne. Secondly, it removes the rule disqualifying a person from succeeding to the Crown or from being the Monarch due to their marriage to a Roman Catholic. -
The Latitudinarian Influence on Early English Liberalism Amanda Oh Southern Methodist University, [email protected]
Southern Methodist University SMU Scholar The Larrie and Bobbi Weil Undergraduate Research Central University Libraries Award Documents 2019 The Latitudinarian Influence on Early English Liberalism Amanda Oh Southern Methodist University, [email protected] Follow this and additional works at: https://scholar.smu.edu/weil_ura Part of the European History Commons, History of Religion Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Oh, Amanda, "The Latitudinarian Influence on Early English Liberalism" (2019). The Larrie and Bobbi Weil Undergraduate Research Award Documents. 10. https://scholar.smu.edu/weil_ura/10 This document is brought to you for free and open access by the Central University Libraries at SMU Scholar. It has been accepted for inclusion in The Larrie and Bobbi Weil Undergraduate Research Award Documents by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. The Latitudinarian Influence on Early English Liberalism Amanda Oh Professor Wellman HIST 4300: Junior Seminar 30 April 2018 Part I: Introduction The end of the seventeenth century in England saw the flowering of liberal ideals that turned on new beliefs about the individual, government, and religion. At that time the relationship between these cornerstones of society fundamentally shifted. The result was the preeminence of the individual over government and religion, whereas most of Western history since antiquity had seen the manipulation of the individual by the latter two institutions. Liberalism built on the idea that both religion and government were tied to the individual. Respect for the individual entailed respect for religious diversity and governing authority came from the assent of the individual. -
THE CELEBRATION OP MARRIAGE in CANADA a Comparative Study
538 THE CELEBRATION OP MARRIAGE IN CANADA A Comparative Study of Civil and Canon Law outside of the Province of Quebec by Leo G. iiinz, O.S.t. St. Peter's Abbey, Muenater, bask. A DISSERTATION Submitted to the Faculty of the School of Canon Law of the Catholic University of Ottawa in Partial Fulfillment of the Requirements for the Degree of Doctor of Canon Law • -N " . • ^ °« THF CATHOLIC UNIVERSITY OP OTTAWA -0:;?/g Ottawa, Ontario TtU •^ '\ 1953 B»tlOTH*QU<:S * %*,y of O** UMI Number: DC53897 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. UMI® UMI Microform DC53897 Copyright 2011 by ProQuest LLC All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, MI48106-1346 DEDICATED TO THE PIONEER MONKS OF ST. PETER'S ABBEY ON THE OCCASION OF THE GOLDEN JUBILEE OF FOUNDATION TABLE OF CONTENTS Pages FOREWORD Viii ABBREVIATIONS xii Chapter 1. PRELIMINARY DISCUSSION 1 Article 1. The law ;-T0vernin»: the celebration of marriage 1 Article 2. Provincial powers ever marriage 3 Article 3. Invalidating force of statutory requirements. -
Bibliography
BIbLIOGRApHY PRIMARY SOURCEs Conversations and Correspondence with Lady Mary Whitley, Countess Mountbatten, Maitre Blum and Dr. Heald Judgements and Case Reports Newell, Ann: The Secret Life of Ellen, Lady Kilmorey, unpublished dissertation, 2016 Royal Archives, Windsor The Kilmorey Papers: Public Record Office of Northern Ireland The Teck Papers: Wellington College SECONDARY SOURCEs Aberdeen, Isobel. 1909. Marchioness of, Notes & Recollections. London: Constable. Annual Register Astle, Thomas. 1775. The Will of Henry VII. ECCO Print editions. Bagehot, Walter. 1867 (1872). The English Constitution. Thomas Nelson & Sons. Baldwin-Smith, Lacey. 1971. Henry VIII: The Mask of Royalty. London: Jonathan Cape. Benn, Anthony Wedgwood. 1993. Common Sense: A New Constitution for Britain, (with Andrew Hood). Brooke, the Hon. Sylvia Brooke. 1970. Queen of the Headhunters. London: Sidgwick & Jackson. Chamberlin, Frederick. 1925. The Wit & Wisdom of Good Queen Bess. London: John Lane, The Bodley Head. © The Author(s) 2017 189 M.L. Nash, Royal Wills in Britain from 1509 to 2008, DOI 10.1057/978-1-137-60145-2 190 BIBLIOGRAPHY Chevenix-Trench, Charles. 1964. The Royal Malady. New York: Harcourt, Bruce & World Cronin, Vincent. 1964 (1990). Louis XIV. London: Collins Harvel. Davey, Richard. 1909. The Nine Days’ Queen. London: Methuen & Co. ———. 1912. The Sisters of Lady Jane Grey. New York: E.R. Dutton. De Lisle, Leanda. 2004. After Elizabeth: The Death of Elizabeth, and the Coming of King James. London: Harper Collins. Doran, John. 1875. Lives of the Queens of England of the House of Hanover, vols I & II. London: Richard Bentley & Sons. Edwards, Averyl. 1947. Frederick Louis, Prince of Wales. London/New York/ Toronto: Staples Press. -
18-Commentarium-Privatum-CCRR-III-Pars-2.Pdf
ARCHIVES D'HISTOIRE OBLATE sous la direction de MAURICE GILBERT, O.M.I. et GASTON CARRIERE, O.M.I. ------------------------ 1 8 ------------------------- COMMENTARIUM PRIVATUM CONSTITUTIONUM ET REGULARUM Ilia PARS ★ ★ auctore JOS. RESLE, O.M.I. O OTTAWA EDITIONS DES ETUDES OBLATES 1961 PARS TERTIA CONSTITUTIONUM ET REGULARUM CAPUT SECUNDUM DE SPECIALI CONGREGATIONIS REGIMINE ; sive de regimine inferiore seu locali Introductio. 1. Ordo rerum. Ante divisionem Congregationis in provincias et vicariatus (in Capitulo generali l86o) tota materia de regimine Societatis absolvebatur in unico capite "Du gouvernement de la Société" sive "De Societatis gubernio", quod fuit caput primum hujus partis tertiae. Et quidem in isto capite agebant imprimis de. gubernio centrali sive generali Congregationis (de quo habentur in editione la Constitutionum sex priores paragraphi) et postea de gubernio inferiore sive locali (de quo habentur octo paragraphi subséquentes quibus additur per modum . ■complementi paragraphus de ordine praecedentiae). V. Fundator secutus est in hoc — quoad dispositionem generalem rerum — Constitutiones et Regulas S. Alphonsi quae prae manibus habuit anno 1818. Facta divisione Congregationis in provincias, pristinum caput I scindi tur in duo capita abhinc editione 2a (185(3), ita quidem ut caput I agat de regi mine superiore Congregationis, scilicet generali et provinciali, caput II vero de regimine inferiore seu locali. 2. Titulus capitis. In Constitutionibus et Regulis S. Alphonsi paragraphus respectiva, i.e. V, ferebat hunc titulum "Del Rettore locali, ed altri Officiali", quem titulum P. de Mazenod assumpsit fere ad litteram in ms. I (1818); "§ 6 - Des supérieurs particuliers et autres officiers." In ms. "Honorat" primitus quidem idem omnirïo legebatur, sed postea textus correctus est hoc modo; "Des Supérieurs locaux et autres officiers." Abhinc ms, II (inter annos 1821-1825) ista paragraphus scinditur in plures, ita ut pro Superioribus localibus et pro variis officialibus localibus habeantur totidem paragraphi distinctae. -
Motherhood and Family Law
Motherhood and Family Law A thesis to fulfil the requirements of a Doctor of Philosophy, University of Otago, Dunedin, New Zealand June 2016 Fiona Mackenzie Abstract Motherhood is understood to be foundational to human relationships; the very ‘stuff’ of family law. However, rather than supported by the law, motherhood seems to exist in an uneasy tension with it. This thesis begins by exploring motherhood in the United Kingdom and New Zealand, from both legal and historical perspectives. The welfare principle, devised as a legal mechanism to protect the mother-child relationship in patriarchal 18th and 19th century England, is examined as a legal transplant into New Zealand’s younger, more egalitarian and gender-equal society. The impact of the legislative introduction of gender neutrality into New Zealand parenting laws in 1980 (in a social context that valued gender equality) is considered. Competing feminist theories, seeking gender equality by either denying or embracing gender difference, provide the theoretical framework for this thesis. Feminism’s problem with essentialism, and the difficulties that arise when the law seeks gender equality by disregarding gender difference, are also explored. Particular attention is paid to how motherhood is understood and regarded within contemporary family law. With a focus on New Zealand family law, the impact of legal developments on motherhood are reviewed in relation to the specific issues of shared care parenting, relocation (at times regarded as an infringement upon shared care), gatekeeping, imprisonment and breastfeeding. It is clear that the voice and value of motherhood appears to have been diminished and compromised. The thesis concludes by considering whether a redemptive approach towards motherhood’s relationship with family law is possible. -
Private International Law Choice of Law Rules in Marriage
The Law Commission and The Scottish Law Commission - (LAW COM. No. 165) (SCOT. LAW COM. No. 105) PRIVATE INTERNATIONAL LAW CHOICE OF LAW RULES IN MARRIAGE Laid before Parliament by the Lord High Chancellor and the Lord Advocate pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 1 July 1987 LONDON HER MAJESTY’S STATIONERY OFFICE f4.50 net HC 3 The Law Commission and the Scottish Law Commission were set up by the Law Commis- sions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are - The Honourable Mr. Justice Beldam, Chairman Mr. Trevor M. Aldridge Mr. Brian J. Davenport, Q.C. Professor Julian Farrand Professor Brenda Hoggett The Secretary of the Law Commission is Mr. J. G. H. Gasson and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are - The Honourable Lord Maxwell, Chairman Dr. E. M. Clive Professor P. N. Love, C.B.E. Mr. J. Murray, Q.C. Sheriff C. G. B. Nicholson, Q.C. The Secretary of the Scottish Law Commission is Mr. R. Eadie and its offices are at 140 Causewayside, Edinburgh, EH9 1PR. 11 CHOICE OF LAW RULES IN MARRIAGE CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 PART 11: REFORM OF CHOICE OF LAW RULES IN MARRIAGE 2.1 3 The need for legislation 2.1 3 The present law 2.2 3 The consultation document’s proposals and comments thereon 2.5 4 The imp-act of our provisional proposals 2.10 5 Should there be general legislation? 2.11 6 PART 111: FOREIGN MARRIAGE ACT 1892 3.1 8 A. -
Queen's Or Prince's Consent
QUEEN’S OR PRINCE’S CONSENT This pamphlet is intended for members of the Office of the Parliamentary Counsel. Unless otherwise stated: • references to Erskine May are to the 24th edition (2011), • references to the Companion to the Standing Orders are to the Companion to the Standing Orders and Guide to Proceedings of the House of Lords (25th edition, 2017), • references to the Cabinet Office Guide to Making Legislation are to the version of July 2017. Office of the Parliamentary Counsel September 2018 CONTENTS CHAPTER 1 INTRODUCTION CHAPTER 2 QUEEN’S CONSENT Introduction. 2 The prerogative. 2 Hereditary revenues, the Duchies and personal property and interests . 4 Exceptions and examples . 6 CHAPTER 3 PRINCE’S CONSENT Introduction. 7 The Duchy of Cornwall . 7 The Prince and Steward of Scotland . 8 Prince’s consent in other circumstances . 8 Exceptions and examples . 8 CHAPTER 4 GENERAL EXCEPTIONS The remoteness/de minimis tests . 10 Original consent sufficient for later provisions . 10 No adverse effect on the Crown. 11 CHAPTER 5 THE SIGNIFICATION OF CONSENT Signification following amendments to a bill. 13 Re-signification for identical bill . 14 The manner of signification . 14 The form of signification . 15 CHAPTER 6 PRACTICAL STEPS Obtaining consent. 17 Informing the Whips . 17 Writing to the House authorities . 17 Private Members’ Bills. 17 Informing the Palace of further developments . 18 Other. 18 CHAPTER 7 MISCELLANEOUS Draft bills . 19 Consent not obtained . 19 Inadvertent failure to signify consent . 19 Consent in the absence of the Queen. 20 Consent before introduction of a bill . 20 Queen’s speech . 20 Royal Assent . -
When Harry Met Meghan by Banns Or Common Licence
22 BACK PAGE LAW STORIES 8 December 2017 | www.newlawjournal.co.uk superintendent registrar rather than marrying When Harry met Meghan by banns or common licence. However, the Act preserved the possibility of non-nationals Rebecca Probert provides a handy guide to marrying in the Church of England on the the law governing royal marriages authority of a special licence granted by the Archbishop of Canterbury, which would be necessary in any case to permit a marriage to go ahead in St George’s Chapel, which is a s Walter Bagehot remarked in royal peculiar rather than a parish church. 1863, when the future Edward VII married Alexandra of Denmark, ‘a Marriage to a divorced person Aprincely marriage is the brilliant The Queen has given her consent to the edition of a universal fact, and as such it marriages of a number of divorced persons, rivets mankind.’ The announcement that from Captain Ramsay in 1954—a great- Prince Harry is to marry Meghan Markle is grandson of Queen Victoria and thus proving similarly riveting. As it has already extremely remote from the succession— to sparked discussion about the special laws the heir to the throne in 2005. The question governing royal marriages, here is a brief of where such remarriages can take place guide to those laws—past, present, and has proved controversial, with the Church of possibly future. England refusing to conduct the remarriages of divorcees for much of the twentieth century The consent of the sovereign and other options not being available to The Royal Marriages Act 1772 required members of the royal family within England the prior consent of the sovereign to the and Wales. -
DISPENSATION and ECONOMY in the Law Governing the Church Of
DISPENSATION AND ECONOMY in the law governing the Church of England William Adam Dissertation submitted in part fulfilment of the requirements for the degree of Doctor of Philosophy of the University of Wales Cardiff Law School 2009 UMI Number: U585252 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U585252 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 CONTENTS SUMMARY............................................................................................................................................................IV ACKNOWLEDGMENTS..................................................................................................................................VI ABBREVIATIONS............................................................................................................................................VII TABLE OF STATUTES AND MEASURES............................................................................................ VIII U K A c t s o f P a r l i a m e n -
Jus Cogens: the Determination and the Gradual Expansion of Its Material Content in Contemporary International Case-Law
JUS COGENS: THE DETERMINATION AND THE GRADUAL EXPANSION OF ITS MATERIAL CONTENT IN CONTEMPORARY INTERNATIONAL CASE-LAW ANTÔNIO AUGUSTO CANÇADO TRINDADE∗ ∗ Ph.D. (Cambridge - Yorke Prize) in International Law; Former President of the Inter-American Court of Human Rights; Judge Elect of the International Court of Justice (The Hague); Professor of International Law at the University of Brasilia, Brazil; Member of the Institut de Droit International, and of the Curatorium of the Hague Academy of International Law. 3 I. Introductory Observations In my General Course on Public International Law, delivered at The Hague Academy of International Law in 2005, I characterized the doctrinal and jurisprudential construction of international jus cogens as proper of a new jus gentium, the International Law for Humankind. I sustained, moreover, that, in my understanding, and by definition, international jus cogens goes beyond the law of treaties, extending itself to the law of the international responsibility of the State, and to the whole corpus juris of contemporary International Law, and reaching, ultimately, any juridical act. In encompassing the whole International Law, it projects also over domestic law, invalidating any measure or act incompatible with it. Jus cogens has direct incidence on the very foundations of a universal International Law, and is a basic pillar of the new jus gentium1. On the occasion of this XXXV Course of International Law organized by the OAS Inter-American Juridical Committee here in Rio de Janeiro (August 2008), I purport, at first, to review the origins and content of that concept within the framework of the fundamental values of the international community. -
New Research Paper 2001 Template
RESEARCH PAPER 01/116 The Parliamentary Oath 14 DECEMBER 2001 (Replaces Research Paper 00/17) This paper looks at the requirement on Members of Parliament to swear an oath of allegiance or make, instead, a solemn affirmation. The paper outlines the main objections to the oath, and looks at the events following the Speaker's ruling in May 1997 that Members who do not swear the oath are not entitled to use the facilities of the House. It also looks at the motion to be debated on Tuesday 18 December 2001 to allow Sinn Féin access to office facilities in the Palace of Westminster. This paper updates and replaces Research Paper 00/17. Chris Sear PARLIAMENT AND CONSTITUTION CENTRE HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 01/101 The Anti-terrorism, Crime and Security Bill: Introduction and Summary 19.11.01 [Bill 49 of 2001-02] 01/102 Parliamentary Standards 19.11.01 01/103 The Land Registration Bill [HL] [Bill 48 of 2001-02] 21.11.01 01/104 The Human Reproductive Cloning Bill [HL] [Bill 57 of 2001-02] 27.11.01 01/105 The Home Energy Conservation Bill [Bill 11 of 2001-02] 28.11.01 01/106 Climate Change and the Kyoto Protocol 29.11.01 01/107 The Education Bill [Bill 55 of 2001-02] 29.11.01 01/108 The Barnett Formula 30.11.01 01/109 Economic Indicators 03.12.01 01/110 The Tax Credits Bill [Bill 52 of 2001-02] 05.12.01 01/111 Mobile Phones and Mobile Phone Masts 11.12.01 01/112 The Campaign against International Terrorism: prospects after the fall of 11.12.01 the Taliban 01/113 Unemployment by Constituency, November 2001 12.12.01 01/114 The Northern Ireland Decommissioning (Amendment) Bill [Bill 63 2001-02]14.12.01 01/115 The Commonhold and Leasehold Reform Bill [HL] [Bill 51 of 2001-02] 14.12.01 Research Papers are available as PDF files: •to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk •within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff.