History Of British Nationality Law
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History Of British Nationality Law
This article concerns the history of British nationality law. Early English and British nationality law British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalised subjects or denizens). A summary of early English common law is provided by Sir William Blackstone, who wrote about the law in 1765–69. Natural-born subjects were originally those born within the dominion of the crown (jus soli). Blackstone describes how various statutes extended the rights of the children of subjects born abroad, until "all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring Indefinite leave to remain, settled status. British nationals associated with a current British Overseas Territories, British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an ...
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Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' shou ...
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Sophia Of Hanover
Sophia of Hanover (born Princess Sophia of the Palatinate; 14 October 1630 – 8 June 1714) was the Electress of Hanover by marriage to Elector Ernest Augustus and later the heiress presumptive to the thrones of England and Scotland (later Great Britain) and Ireland under the Act of Settlement 1701, as a granddaughter of James VI and I. Princess Sophia died less than two months before she would have become Queen of Great Britain. Consequently, her son (and grandson of Elizabeth Stuart, Queen of Bohemia) George I, succeeded her first cousin once removed, Queen Anne, to the British throne, and the succession to the throne has since been defined as, and composed entirely of, her legitimate and Protestant descendants. Sophia was born in 1630 to Frederick V of the Palatinate, a member of the House of Wittelsbach, and Elizabeth Stuart, daughter of King James VI and I. She grew up in the Dutch Republic, where her family had sought refuge after the sequestration of their Electorate d ...
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Legislative Power
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber. Terminology The name used to refer to a legislative body varies by country. Common names include: * Assembly (from ''to assemble'') * Congress (from ''to congregate'') * Council (from Latin 'meeting') * Diet (from old German 'people') * Estates or States (from old French 'condition' or 'status') * Parliament (from French ''parler'' 'to speak') By ...
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Executive Power
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires the support ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ...
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Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for granting city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In this case it is essential that the written grant should be in the form of a publ ...
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British Nationality Act 1772
The British Nationality Act 1772 (13 Geo. 3 c. 21) was an Act of the Parliament of Great Britain was a British nationality law which made general provision allowing natural-born allegiance (citizenship) to be assumed if the father alone was British. This Act was one of the British Subjects Acts 1708 to 1772.The Short Titles Act 1896, s. 2(1) & Sch. 2 The Act was repealed by the British Nationality and Status of Aliens Act 1914 This article concerns the history of British nationality law. Early English and British nationality law British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of th .... References External linksText of the Act {{British nationality law Great Britain Acts of Parliament 1772 British nationality law Repealed Great Britain Acts of Parliament ...
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Jus Soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to '' jus sanguinis'', which derives from the Roman law that influenced the civil-law systems of mainland Europe. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, ''jus soli'' is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European count ...
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Dominion Of Newfoundland
Newfoundland was a British dominion in eastern North America, today the modern Canadian province of Newfoundland and Labrador. It was established on 26 September 1907, and confirmed by the Balfour Declaration of 1926 and the Statute of Westminster of 1931. It included the island of Newfoundland, and Labrador on the continental mainland. Newfoundland was one of the original dominions within the meaning of the Balfour Declaration and accordingly enjoyed a constitutional status equivalent to the other dominions of the time. In 1934, Newfoundland became the only dominion to give up its self-governing status, which ended 79 years of self-government. The abolition of self-government came about because of a crisis in Newfoundland's public finances in 1932. Newfoundland had accumulated a significant amount of debt by building a railway across the island, which was completed in the 1890s, and by raising its own regiment during World War I. In November 1932, the government warned th ...
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Canadian Confederation
Canadian Confederation (french: Confédération canadienne, link=no) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Canada, Dominion of Canada, on July 1, 1867. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of Provinces and territories of Canada, ten provinces and three territories. Terminology Canada is a federation and not a confederate association of sovereign states, which is what "confederation" means in contemporary political theory. It is nevertheless often considered to be among the world's more decentralization, decentralized federations. The use of the term ''confederation'' arose in the Provin ...
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