''Attorney-General v Prince Ernest Augustus of Hanover'' 9571_All_ER_49;_

9571_All_ER_49;_[1957A.C._436">957.html"_;"title="9571_All_ER_49;_[1957">9571_All_ER_49;_[1957A.C._436_was_a_1956_Judicial_functions_of_the_House_of_Lords.html" "title="957A.C._436.html" ;"title="957.html" ;"title="9571 All ER 49; [1957">9571 All ER 49; [1957A.C. 436">957.html" ;"title="9571 All ER 49; [1957">9571 All ER 49; [1957A.C. 436 was a 1956 Judicial functions of the House of Lords">House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

case concerning statutory interpretation and the proper construction of the Sophia Naturalization Act 1705.

Background

The Sophia Naturalization Act 1705 provided that all the children and descendants of Sophia of Hanover, Electress Sophia of Hanover, with the exception of Roman Catholics, shall be naturalized as

British subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...

s. The Act was repealed by the

British Nationality Act 1948 The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...

, with the proviso that every person who was a British subject before the entry of force of the Act shall continue to be a British subject. Prince Ernest Augustus of Hanover, a German citizen but a linear descendant of the Electress Sophia, sought a declaration that he was a British subject under the 1705 and 1948 Acts. The

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

opposed the application, arguing that Parliament had not intended to naturalize a large number of remote descendants of the Electress Sophia when it passed the Sophia Naturalization Act 1705. It was argued that the 1705 Act's

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

supported this interpretation. In the High Court, Vaisey J found against the plaintiff. Prince Ernest appealed to the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, where Evershed MR, Birkett and

Romer A Reference Card or "Romer" is a device for increasing the accuracy when reading a grid reference from a map. Made from transparent plastic, paper or other materials, they are also found on most baseplate compasses. Essentially, it is a speciall ...

LJJ reversed the High Court's decision. The Attorney-General then appealed to the House of Lords. The Attorney-General and Bryan Clauson appeared for the appellant;

Richard Wilberforce Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of ...

and

John Knox John Knox ( gd, Iain Cnocc) (born – 24 November 1572) was a Scottish minister, Reformed theologian, and writer who was a leader of the country's Reformation. He was the founder of the Presbyterian Church of Scotland. Born in Giffordgat ...

appeared for the respondent.

House of Lords

The House of Lords upheld the Court of Appeal's decision.

Viscount Simonds A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...

held that the words of the 1705 Act clearly naturalized all the linear, non-Catholic descendants of Electress Sophia of Hanover, no matter how remote. Concerning the Act's preamble, Lord Simonds stated that: {{blockquote, if enacting words are plain and unambiguous one does not need to look at the preamble to an Act of Parliament, but if they are not clear and unambiguous one may look at it. 957AC 436, HL, 452 Prince Ernest's claim was allowed and he was recognized as a British subject.

Notes

External links

A summary of the case
House of Lords cases 1956 in case law 1956 in British law English interpretation case law