act of settlement

• Act of Settlement Background

  • the protestant monarchs william III and mary, nor mary's sister queen anne, has any surviving children
  • the remaining stuarts were nearly all catholics - and parliament did not want the crown to pass to a catholic
  • a very 'junior' stuart that was protestant was sophia of hanover
  • the act of settlement ensured that the crown would pass through sophia's line and remain in protestant hands
  • sophia did before queen anne, but her son became George I, starting the hanoverian dynasty in britain
• Act of Settlement - Led to the Formation of the UK

  • scotland was initially unhappy with the act of settlement and wanted to choose their own successor to queen anne
  • the act of union 1707 was therefore agreed upon, bringing together england, wales and scotland
• Act of Settlement - Provisions that still Stand

  • no foreigner may be an mp or pivvy councillor

  (although today naturalised citizens can hold these posts)

  • no-one who receives money from the crown (including pensions) can be an MP, to prevent excess power of the monarch
  • judges commissions are only valid 'during good behaviour'
• Act of Settlement - Modern Debates

  • the rules over protestant succession to the crown still apply, even in commonwealth countries; this is increasingly seen as less relevant
  • succession to the crown act 2013 allowed first born daughters, not just sons to ascend to the throne, and allow that monarch to be married to a roman catholic (although remain protestant themselves)
• Act of Settlement - Debates

  • in 2000, the guardian challenge the act using the human rights act, arguing it was indefensible to ban catholics from the throne. The case was lost, because the act does not regard succession to the crown as a human right
  • the succession to the crown act 2013, whilst responding the calls for gender equality, still prevented monarchs from being catholic. alex salmond said

  "it is deeply disappointing that the reform... has stopped short of removing the unjustifiable barrier on a catholic becoming a monarch"
• Act of Settlement - Debates Response

  • in response to the challenges over the succession to the crown act 2013, david cameron said "let me be clear, the monarch must be in communications with the church of england because he or she is the head of the church"