The religion of the Queen - time for change McBain, Graham

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Author
McBain, Graham
Appears In
University of Queensland Law Journal
Subjects
Sovereignty -- Religious aspects; Law; Canon law
Audience
Academic; Professional
Summary
Queen Elizabeth II is 85 years old. The law in the UK prohibits her from being a Roman Catholic or being married to one. It also requires her to be in 'communion' with the Church of England--the legal rights and privileges of which she swore to uphold as part of her coronation oath. Her present style and title declare her to be 'Defender of the Faith'--likely a reference to the faith expressed by the Church of England (or, possibly, the protestant faith in general). On her accession to the throne in 1952, she was required to declare that she was a 'faithful protestant'. She also gave an oath to maintain the Presbyterian Church of Scotland. Prince Charles, the heir to the throne, is 63 years old. Should he be subject to the same restrictions, especially when he has declared he would prefer to be 'Defender of Faith' only and given his sympathy with the removal of the prohibition against Roman Catholics? This article sets out the legal basis for these restrictions and their repeal--as well as the removal of the unequal right of females to succeed to the throne. Changes to the law will not only involve England. Pursuant to the Statute of Westminster 1931, the assent of the Australian Parliament is required as well as of 14 other Commonwealth countries which still have Elizabeth II as their sovereign. At a recent Commonwealth conference in Australia it was agreed to remove the prohibition on the sovereign being married to a Roman Catholic as well as the unequal right of females to succeed to the throne. However, this still leaves in place legislation prohibiting the sovereign from being a Roman Catholic--as well as the obligations to defend the Church of England and to maintain the Church of Scotland. This article asserts that these provisions are out of sync with modern times and that they should also be repealed.
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http://trove.nla.gov.au/work/163071574
Work ID
163071574

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