分享

王位继承法

 秦克 2010-12-08

  总说:现在世界上的国王几乎都是终身制,王位的继承也是世袭制。但王位继承法却因国而异。嫡长子孙继承法是很多国家采用的方法,这种继承法和中国古代皇家的继承法相类似。如果皇帝无子,则从皇室近亲过继,继承大统。现在日本、不丹、尼泊尔、西班牙的皇位继承大致都是这样。英国实行的王位继承法是男女都有继承权,但规定先男后女,先长后幼的原则。现在英国女王伊丽莎白二世就是因为老王乔治只生下她们姐妹俩,她是姐姐,所以登上了国王的宝座。而王储必须等到现任国王驾崩才有资格登基。至于要等多长时间,那就很难预测了。如挪威国王奥拉夫五世今年已80多岁了,王储也逾花甲之年,但还得等下去。

  英国王位继承法

  1701年英国王位继承法 (一七OO年制订,一七O一年公布)

  第一条 当今国王无嗣,死后其王位由安妮公主(Anne)继承,安妮公主无嗣,死后其王位由国王詹姆士一世的孙女、已故波希米王后的女儿、汉诺威选侯索菲亚公主及其信仰新教的后裔继承。

  当今国王陛下及丹麦安娜公主都无后嗣时,英格兰、法兰西、爱尔兰领土以及所属自治领的王位与尊号,由已故国王詹姆士一世的孙女、已故波希米王后伊丽莎白公主的女儿、汉诺威选侯索菲亚公主继承。当今国王陛下及丹麦安娜公主死后,如果都无后嗣,英格兰、法兰西、爱尔兰领土以及所属自治领的王位、王政、以及英君主所享有的一切荣誉、称号、皇权、特权、权力与权威等,都应归属于该索菲亚公主及其信仰新教的后裔。贵族院议员及平民院议员本身及其后代,应当以全国人民的名义,在当今国王陛下公主殿下和安娜死后并且无后嗣时,按照本法关于王位继承的限制规定,坚决拥护和保卫索菲亚公主及其信仰新教的后裔,并竭力以生命和财产对任何企图反对者加以摈斥。

  第二条 按照本法可以继承王位、坚持同罗马教会交往者,按照威廉国王和玛丽女王第一年的法令第六章的规定,均无资格按前举法令宣誓加冕。

  凡按照本法的限制规定可以继承王位者,若现在或将来同罗马教廷或者教会和好,或者保持交往,或者信奉罗马天主教或者与罗马天主教徒结婚,都应按照前举法令所规定和确认的情形,丧失继承的资格。

  凡依照本法而即王位的国王和女王,都应在加冕时,按照当今国王和已故玛丽女王统治第一年所制定的国会法令(称为加冕宣誓法),举行宣誓仪式,并且应当依照该项法令所定的手续和方式,签署并朗诵其中所规定的誓词。

  第三条 关于保障这些领地的宗教、法律和自由的更详明的规定。

  当今国王和丹麦安娜公主死后且无后嗣时,为保障我们的宗教、法律和自由,制订更详明的规定是必要的和必不可少的。这应当由国王陛下商得贵族院和平民院议员的同意,以国王的权力加以规定。

  此后凡登上王位的人,都应同法律规定的英国教会交往。

  此后本国王位与尊号归属于非英格兰王国的人的时候,如果未经国会同意,本国国民不负防御不属于英国的领土而从事战争的义务。

  本法的限制规定发生效力后,凡生于英格兰、苏格兰或爱尔兰所属自治领或领土之外的人(包括入籍的在内,但父母是英国人的除外),不得担任枢密院顾问官或者国会两院的议员,也不得担任文武官职,他本人或者他所信托的人不得享有国王赐予的土地或者世袭财产。

  对国会平民院提出的弹劾,不得凭恃英王赦免进行抗辩。

  第四条 本国法律和法令的确认。

  鉴于英国法律是英国人民与生俱来的权利,因此,凡得登上英国王位的国王和女王,都应依照英国法律的规定管理政务,他们所属官吏和大臣也都应按照同样的法律为国王效力。

  因此,贵族院和平民院议员谨再作如下的请求:一切保障国教及人民权利和自由的法律和法令以及现行的其他法律和法令,得予批准和确认,并由国王陛下商得贵族院和平民院议员的同意,以他的权力加以批准和确认。

  英国王位的继承是根据长子继承权来决定的,即王位应先由现君主的长子继承,然后才依次序轮到其他儿子,最后才轮到女儿。但是根据法律,英国王位的继承不是自动的,1701年通过的《王位继承法》(Act of Settlement)规定,王位应该传给汉诺威选帝夫人索菲亚(Electress Sophia of Hanover)的有血缘关系的后代,而且继承者不得是天主教徒,也不得嫁娶一名天主教徒。一些人认为该规定与英国其他法律中禁止宗教歧视的条款有冲突。不过实际上,绝大多数有资格继承王位的人都是基督教新教徒,而且在公开场合都大多宣称自己是圣公会成员。

  此外该法案还规定,王位的继承是由议会来决定的,而非君主本人。

  王位继承顺序

  这里列出了有资格继承王位的前15

  目前的君主:伊丽莎白二世女王陛下

  1.威尔士亲王查尔斯王储殿下(伊丽莎白二世的长子)

  2.威廉王子殿下(查尔斯王储的长子)

  3.亨利王子殿下(又名哈利王子,查尔斯王储的次子)

  4.约克公爵殿下(又名安德鲁王子,伊丽莎白二世的第二个儿子)

  5.比阿特丽斯公主殿下(约克公爵的长女)

  6.欧吉妮公主殿下(约克公爵的次女)

  7.威塞克斯伯爵殿下(又名爱德华王子,伊丽莎白二世的第三个儿子)

  8.路易斯公主殿下(又名路易斯·温莎,威塞克斯伯爵的女儿)

  9.王家长公主殿下(又名安妮公主,伊丽莎白二世的女儿)

  10.彼得·菲利浦斯(安妮公主的长子)

  11.扎拉·菲利浦斯(安妮公主的女儿)

  12.林莱子爵(乔治六世的孙子、玛格丽特公主的儿子)

  13.查尔斯·阿姆斯特朗-琼斯(林莱子爵的儿子)

  14.玛格丽特·阿姆斯特朗-琼斯(林莱子爵的女儿)

  15.萨拉·切多(乔治六世的孙女、玛格丽特公主的女儿)

  由于欧洲各国王室通婚的结果,一些欧洲国家的君主和王族也有权继承英国王位。挪威国王哈拉尔五世是英国王位的第60位顺序继承人,瑞典国王卡尔十六世·古斯塔夫排在第182位,丹麦女王玛格丽特二世排在第208位,荷兰女王贝娅特丽克丝排在第806位。作为希腊-丹麦王族的后代和维多利亚女王的重曾孙,爱丁堡公爵菲利普亲王排在第490位。

 

《王位继承法》(1701年)【英文】

Act of Settlement, 1701

     Whereas in the first year of the reign of Your Majesty, and of our late most gracious sovereign lady Queen Mary (of blessed memory), an Act of Parliament was made, entitled, "An Act for declaring the rights and liberties of the subject, and for settling the succession of the crown," wherein it was (amongst other things) enacted, established, and declared that the crown and regal government of the Kingdoms of England, France, and Ireland, and the dominions thereunto belonging, should be and continue to Your Majesty and the said late Queen, during the joint lives of Your Majesty and the said Queen, and to the survivor: and that after the decease of Your Majesty and of the said Queen, the said Crown and regal government should be and remain to the heirs of the body of the said late Queen; and for default of such issue, to Her Royal Highness the Princess Anne of Denmark, and the heirs of her body; and for default of such issue to the heirs of the body of Your Majesty. And it was thereby further enacted, that all and every person and persons that then were, or afterwards should be reconciled to, or shall hold communion with the see or Church of Rome, or should profess the popish religion, or marry a papist, should be excluded, and are by that Act made for ever incapable to inherit, possess, or enjoy the Crown and government of this realm, and Ireland, and the dominions thereunto belonging, or any part of the same, or to have, use, or exercise any regal power, authority, or jurisdiction within the same: and in all and every such case and cases the people of these realms shall be and are thereby absolved of their allegiance: and that the said Crown and government shall from time to time descend to and be enjoyed by such person or persons, being Protestants, as should have inherited and enjoyed the same, in case the said person or persons, so reconciled, holding communion, professing or marrying, as aforesaid, were naturally dead: 源:http://fxylib.

     After the making of which statute, and the settlement therein contained, your majesty's good subjects, who were restored to the full and free possession and enjoyment of their religion, rights, and liberties, by the providence of God giving success to your majesty's just undertakings and unwearied endeavours for that purpose, had no greater temporal felicity to hope or wish for, that to see a royal progeny descending from Your Majesty, to whom (under God) they owe their tranquillity, and whose ancestors have for many years been principal assertors of the reformed religion and the liberties of Europe, and from our said most gracious sovereign lady, whose memory will always be precious to the subjects of these realms: and it having since pleased Almighty God to take away our said sovereign Lady, and also the most hopeful Prince William, Duke of Gloucester (the only surviving issue of Her Royal Highness the Princess Anne of Denmark) to the unspeakable grief and sorrow of Your Majesty and your said good subjects, who under such losses being sensibly put in mind, that it standeth wholly in the pleasure of Almighty God to prolong the lives of Your Majesty and of Her Royal Highness, and to grant to Your Majesty, or to Her Royal Highness, such issue as may be inheritable to the Crown and regal government aforesaid, by the respective limitations in the said recited act contained, do constantly implore the divine mercy for those blessings: and Your Majesty's said subjects having daily experience of your royal care and concern for the present and future welfare of these Kingdoms, and particularly recommending from your throne a further provision to be made for the succession of the Crown in the Protestant line, for the happiness of the nation, and the security of our religion; and it being absolutely necessary for the safety, peace, and quiet of this realm, to obviate all doubts and contentions in the same, by reason of any pretended title to the Crown, and to maintain a certainty in the succession thereof, to which your subjects may safely have recourse for their protection, in case the limitations in the said recited act should determine: therefore for a further provision of the succession of the Crown in the Protestant line, we Your Majesty's most dutiful and loyal subjects, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, do beseech Your Majesty that it may be enacted and declared, and be it enacted and declared by the King's most excellent majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, be and is hereby declared to be the next in succession, in the Protestant line, to the imperial Crown and dignity of the said Realms of England, France, and Ireland, with the dominions and territories thereunto belonging, after His Majesty, and the Princess Anne of Denmark, and in default of issue of the said Princess Anne, and of His Majesty respectively: and that from and after the deceases of His said Majesty, our now sovereign lord, and of Her Royal Highness the Princess Anne of Denmark, and for default of issue of the said Princess Anne, and of His Majesty respectively, the Crown and regal government of the said Kingdoms of England, France, and Ireland, and of the dominions thereunto belonging, with the royal state and dignity of the said Realms, and all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities, to the same belonging and appertaining, shall be, remain, and continue to the said most excellent Princess Sophia, and the heirs of her body, being Protestants: and thereunto the said Lords Spiritual and Temporal, and Commons, shall and will in the name of all the people of this Realm, most humbly and faithfully submit themselves, their heirs and posterities: and do faithfully promise, that after the deceases of His Majesty, and Her Royal Highness, and the failure of the heirs of their respective bodies, to stand to, maintain, and defend the said Princess Sophia, and the heirs of her body, being Protestants, according to the limitation and succession of the Crown in this act specified and contained, to the utmost of their powers, with their lives and estates, against all persons whatsoever that shall attempt anything to the contrary.

    II. Provided always, and be it hereby enacted, That all and every person and persons, who shall or may take or inherit the said Crown, by virtue of the limitation of this present act, and is, are or shall be reconciled to, or shall hold communion with, the See or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be subject to such incapacities, as in such case or cases are by the said recited act provided, enacted, and established; and that every King and Queen of this Realm, who shall come to and succeed in the imperial Crown of this Kingdom, by virtue of this act, shall have the coronation oath administered to him, her or them, at their respective coronations, according to the act of Parliament made in the first year of the reign of His Majesty, and the said late Queen Mary, intituled, An act for establishing the coronation oath, and shall make, subscribe, and repeat the declaration in the act first above recited mentioned or referred to, in the manner and form thereby prescribed.

     III. And whereas it is requisite and necessary that some further provision be made for securing our religion, laws and liberties, from and after the death of His Majesty and the Princess Anne of Denmark, and in default of issue of the body of the said Princess, and of His Majesty respectively; be it enacted by the King's most excellent majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same,

     That whosoever shall hereafter come to the possession of this Crown, shall join in communion with the Church of England, as by law established;

 That in case the Crown and imperial dignity of this Realm shall hereafter come to any person, not being a native of this Kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the Crown of England, without the consent of Parliament;

    That no person who shall hereafter come to the possession of this Crown, shall go out of the dominions of England, Scotland, or Ireland, without the consent of Parliament;

    That from and after the time that the further limitation by this act shall take effect, all matters and things relating to the well governing of this Kingdom, which are properly cognizable in the Privy Council by the laws and customs of this Realm, shall be translated there, and all resolutions taken thereupon shall be signed by such of the Privy Council as shall advise and consent to the same;

     That after the said limitation shall take effect as aforesaid, no person born out of the Kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents) shall be capable to be of the Privy Council, or a member of either House of Parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements or hereditaments from the Crown, to himself or to any other or others in trust for him; 源:http://fxylib.

     That no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons;

 That after the said limitation shall take effect as aforesaid, judges commissions be made quamdiu se bene gesserint, and their salaries ascertained and established; but upon the address of both Houses of Parliament it may be lawful to remove them;

That no pardon under the Great Seal of England be pleadable to an impeachment by the Commons in Parliament.

     IV. And whereas the laws of England are the birth-right of the people thereof, and all the Kings and Queens, who shall ascend the throne of this Realm, ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same: the said Lords Spiritual and Temporal, and Commons, do therefore further humbly pray, That all the laws and statutes of this Realm for securing the established religion, and the rights and liberties of the people thereof, and all other laws and statutes of the same now in force, may be ratified and confirmed, and the same are by His Majesty, by and with the advice of the said Lords Spiritual and Temporal, and Commons, and by authority of the same, ratified and confirmed accordingly.

    本站是提供个人知识管理的网络存储空间,所有内容均由用户发布,不代表本站观点。请注意甄别内容中的联系方式、诱导购买等信息,谨防诈骗。如发现有害或侵权内容,请点击一键举报。
    转藏 分享 献花(0

    0条评论

    发表

    请遵守用户 评论公约

    类似文章 更多