Royal succession and regency Commonwealth realm

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charles, prince of wales (left), heir apparent queen elizabeth ii; elder son, prince william, duke of cambridge (centre), second in line of succession; , charles second son, prince henry of wales (right), third in line @ time of photograph (2006) (now fifth)


to guarantee continuity of multiple states sharing same person monarch, preamble of statute of westminster 1931 laid out convention alteration line of succession in 1 country must voluntarily approved parliaments of realms. convention first applied abdication of edward viii in 1936. expediency , avoid embarrassment, british government had suggested dominion governments automatically regard monarch of uk, whoever may be, monarch also. dominions rejected this: prime minister of canada william lyon mackenzie king pointed out statute of westminster required canada s request , consent legislation passed british parliament before become part of canada s laws , affect line of succession in canada. sir maurice gwyer, first parliamentary counsel in uk, reflected position, stating act of settlement part of law in each dominion. though today statute of westminster law in canada, australia, , united kingdom, convention of approval other realms reasserted perth agreement of 2011, in 16 countries agreed in principle change succession rule absolute primogeniture, remove restriction on monarch being married catholic, , reduce number of members of royal family need monarch s permission marry. these changes came effect on 26 march 2015. alternatively, commonwealth realm may choose cease being such making throne inheritance of different royal house or becoming republic, actions which, though alter country s royal succession, convention not apply.


agreement among realms not, however, mean succession laws cannot diverge. during abdication crisis in 1936, united kingdom passed majesty s declaration of abdication act approval of parliament of australia , governments of remaining dominions. (canada, new zealand, , south africa gave parliamentary assent later.) act effected edward s abdication in united kingdom on 11 december; canadian government had requested , consented act becoming part of canadian law, , australia , new zealand had not yet adopted statute of westminster, abdication took place in countries on same day. parliament of south africa, however, passed own legislation—his majesty king edward eighth s abdication act, 1937—which backdated abdication there 10 december. irish free state recognised king s abdication executive authority (external relations) act 1936 on 12 december. according anne twomey, demonstrated divisibility of crown in personal, political, sense. e h coghill, writing 1937, proved convention of common line of succession not of imperative force . , kenneth john scott asserted in 1962 ended convention statutory uniformity on these subjects maintained in parts of commonwealth continued owe allegiance crown .


today, realms govern succession own domestic laws, while others, either written clauses in constitution or convention, stipulate whoever monarch of united kingdom automatically monarch of realm. agreed unilateral alteration of succession uk not have effect in realms.


following accession of george vi throne, united kingdom created legislation provided regency in event monarch not of age or incapacitated. though input sought dominions on matter, declined make bound british legislation, feeling instead governors-general carry out royal functions in place of debilitated or underage sovereign; realms later created incorporated principle constitutions. new zealand included in constitution act 1986 clause specifying that, should regent installed in united kingdom, individual carry out functions of monarch of new zealand.

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