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What would happen if the succession law were to be applied retroactively?

What if one of the countries in the Commonwealth realms did not approve of the new succession law?

  • There are 16 countries in the Commonwealth Realms. What will happen if at least of of those countries did not approve of the new succession law? Disregard the influence and position of Queen Elizabeth II. After all, it's still possible because of the large areas of the Commonwealth is commensurate to wide diversities. For example, that country is really strict, traditional and conservative. Say, Canada did not approve the new succession law. Will that be honored and respected by the people, politicians? How do Commonwealth work? Should the 2/3 or majority of the 16 countries be followed? I mean do the 16 countries vote for something, law, etc. that should happen and since Canada was the only one who opposed the new law, Canada will have to follow the majority? The other 15 countries? If that is so, it's unfair and injustice. Anyway, back to the question.

  • Answer:

    It simply couldn't happen. Any changes in the succession laws of the Commonwealth Realms require unanimous support from ALL of those realms; if even one country had objections, the changes wouldn't be implemented. This is in accordance with the Statute of Westminster 1931. The second paragraph of the preamble to the Statute reads: "And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom." This means, for example, that any changes in the Line of Succession (including the adoption of Equal Primogeniture) or the Act of Settlement (including the provision barring Catholics from inheriting the Throne, or members of the Royal Family marrying ones without loosing their succession rights) would require the unanimous consent of the parliaments of all the other Commonwealth realms as long as Personal Union of the Crowns exists.

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They have already agreed. In fact, the laws were already different. E.g., in Canada, the eldest would have inherited the Canadian throne, regardless of sex. In the UK, the eldest male would. So, the two Crowns, already legally distinct, would become physically different as well - the older girl would be Queen of Canada, and the younger boy the King of the UK. To avoid this problem, the Realms got together at a conference, and decided to make it the same in all of them. However, it is entirely possible that those places required a law change (e.g., the UK) won't pass it. Then, the Crowns will diverge in the countries that have different laws. The question is also not theoretical! This is a real question and has been discussed for some time now. EDIT: Not sure why the thumbs down - I speak the truth. I have discussed this with officials in the Governor General's office, as well as some of the foremost experts on Monarchy in Canada. The potential for this to happen was well known years ago, and the marriage of William and Catherine meant that the long talked about changes need to happen now.

capitalgentleman

Canada's been different from the get-go since the Canadian Royal Family is just the Queen, her heirs and successors. Which is unlike the UK's Royal Family with all its various dukes and countesses and whatnot. Link - http://www.royal.gov.uk/thecurrentroyalfamily/overview.aspx That the governments of the Commonwealth Realms each agreed to not to mess with the laws of succession except when universally agreed upon doesn't limit Canadian independence in any way. That's strictly voluntary and there's no formal, legally-binding treaty preventing Ottawa from doing whatever the Canadian people want. There's no Canadian law that requiring the king or queen of Canada to be the same person as the king or queen of any of the other 15 Realms, either.

Shawn Robin

In such case it would cause a problem constitutionally and would probably lead to amendments of the constitutions of the Commonwealth Realms and an amendment to the Statue of Westminster so that shared monarchy would be split up allowing the splitting country to choose their own successors to their Crown. Either that or the proposal would have to be dropped.

Josh

The Queen has the final say on any British Act of Parliament, so if CHOGM hadn't have given unanimous approval for the change then Royal Assent would have been declined.

Rico

Even if one country did not approve the new succession law it would miraculous :). But... they all did, so. If Canada did not approve then this is how it work: If William and Catherine had to children, Princess G and Prince B, their birth order in the order I have listed them, Princess G would become Queen of the 15 countries that did approve, but B would become King of Canada, the one country that didn't approve. I think that works out well and is a compromise for the stupid change of laws, but apparently everyone in Britain doesn't like that so they all have to approve so it isn't "disorganized". Whatever Britain. Whatever...

Anne

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