Act of Parliament | |
Long title | An Act to shorten the Time now required for giving Notice of the Royal Intention of his Majesty, his Heirs and Successors, that the Parliament shall meet and be holden for the Dispatch of Business, and more effectually to provide for the Meeting of Parliament in the case of a Demise of the Crown. |
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Citation | 37 Geo. 3. c. 127 |
Territorial extent | Kingdom of Great Britain |
Dates | |
Royal assent | 19 July 1797 |
Other legislation | |
Amends | Succession to the Crown Act 1707 |
Amended by | |
Status: Amended | |
Revised text of statute as amended |
The Meeting of Parliament Act 1797 (37 Geo. 3. c. 127) is an Act of Parliament of the Parliament of Great Britain passed in 1797.
Section 1 originally established that Parliament could be summoned fourteen days after the issuing of a proclamation recalling it to meet, notwithstanding any prorogation or law that would have stopped Parliament meeting earlier than this. This was amended by the Parliament (Elections and Meeting) Act 1943 and now refers to any day after the date of the proclamation. The rest of the Act has been repealed.
Section 3 enacted that in case of the demise of the monarch after one parliament had been dissolved, but before the day indicated by the writ of summons for electing a new parliament, then the previous parliament (i.e. that which had been dissolved) was to be recalled immediately to Westminster. It would there sit as a parliament for the next six months, to all intents and purposes as though it had not been previously dissolved; it could, however, be dissolved or prorogued at any point during this time by the new monarch. A new writ would be issued, and the election would take place. (This replaced the less detailed Succession to the Crown Act 1707, s. 6.)
Section 5 provided that if the monarch died after the date of the election, then the newly elected parliament would meet as normal.
The Act of Settlement is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain.
The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and changed the succession to the English Crown. It remains a crucial statute in English constitutional law.
The Convention Parliament was a parliament in English history which, owing to an abeyance of the Crown, assembled without formal summons by the Sovereign. Sir William Blackstone applied the term to only two English Parliaments, those of 1660 and 1689, but some sources have also applied the name to the parliament of 1399.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, a number of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm or experiencing an illness that did not amount to legal incapacity. This Act, as modified by the Regency Acts of 1943 and 1953, forms the main law relating to regency in the United Kingdom today.
The Claim of Right is an act passed by the Convention of the Estates, a sister body to the Parliament of Scotland, in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish constitutional law.
The dissolution of the Parliament of the United Kingdom occurs automatically five years after the day on which Parliament first met following a general election, or on an earlier date by royal proclamation at the advice of the prime minister. The monarch's prerogative power to dissolve Parliament was revived by the Dissolution and Calling of Parliament Act 2022, which also repealed the Fixed-term Parliaments Act 2011. By virtue of amendments made by the Dissolution and Calling of Parliament Act to Schedule 1 to the Representation of the People Act 1983, the dissolution of Parliament automatically triggers a general election.
Demise of the Crown is the legal term in the United Kingdom and the other Commonwealth realms for the transfer of the Crown upon the death or abdication of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the kingdom of England, and was continued in Great Britain and then the United Kingdom. The concept also became part of the constitutions of the British colonies, and was continued in the constitutions of the Commonwealth realms, until modified within those realms.
The first Parliament of the Kingdom of Great Britain was established in 1707 after the merger of the Kingdom of England and the Kingdom of Scotland. It was in fact the 4th and last session of the 2nd Parliament of Queen Anne suitably renamed: no fresh elections were held in England or in Wales, and the existing members of the House of Commons of England sat as members of the new House of Commons of Great Britain. In Scotland, prior to the union coming into effect, the Scottish Parliament appointed sixteen peers and 45 Members of Parliaments to join their English counterparts at Westminster.
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. A session may last for the full term of the legislature or the term may consist of a number of sessions. These may be of fixed duration, such as a year, or may be determined by the party in power. In some countries, a session of the legislature is brought to an end by an official act of prorogation, in others by a motion to adjourn sine die. In either event, the close of a session generally brings an end to all unpassed bills in the legislature, which would have to be introduced anew to continue debate in the following session.
The Succession to the Crown Act 1707 is an act of Parliament of the Parliament of Great Britain. It is still partly in force in Great Britain.
The Prorogation Act 1867 is an act of the Parliament of the United Kingdom which is still in force in the United Kingdom with amendments.
The Fixed-term Parliaments Act 2011 (FTPA) was an Act of the Parliament of the United Kingdom which, for the first time, set in legislation a default fixed election date for general elections in the United Kingdom. It remained in force until 2022, when it was repealed. Since then, as before its passage, elections are required by law to be held at least once every five years, but can be called earlier if the prime minister advises the monarch to exercise the royal prerogative to do so. Prime ministers have often employed this mechanism to call an election before the end of their five-year term, sometimes fairly early in it. Critics have said this gives an unfair advantage to the incumbent prime minister, allowing them to call a general election at a time that suits them electorally. While it was in force, the FTPA removed this longstanding power of the prime minister.
The Parliament of the Province of Canada was the legislature for the Province of Canada, made up of the two regions of Canada West and Canada East.
The Succession to the Crown Act 2013 is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of gender, precedes any siblings. The Act also repealed the Royal Marriages Act 1772, ended disqualification of a person who married a Roman Catholic from succession, and removed the requirement for those outside the first six persons in line to the throne to seek the Sovereign's approval to marry. It came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.
The Constitution Act 1986 is an Act of the New Zealand Parliament that forms a major part of the constitution of New Zealand. It lays down the framework defining fundamental political principles of governance, and establishes the powers of the executive, legislative and judicial branches of state. It outlines the roles and duties of the monarch, the governor-general, ministers and judges. The Act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster, and removed the ability of the British Parliament to pass laws for New Zealand with the consent of the New Zealand Parliament.
Section 5 of the Constitution of Australia empowers the Governor-General of Australia to prorogue the Australian Parliament, thereby bringing the current legislative session to an end. Prorogation clears all business pending before Parliament and allows the houses to be called back on a particular date without triggering an election. The date for the new session of Parliament may be specified either in the proroguing proclamation or when the governor-general summons the Parliament to meet again.
The Succession to the Crown Act 2015(Cth) is an Act of the Parliament of the Commonwealth of Australia, which was enacted at the request of all six Australian states as required by the Australian Constitution. The Australian acts were the final part of the Perth Agreement's legislative program agreed by the prime ministers of the Commonwealth realms to modernise the succession to the crowns of the sixteen Commonwealth realms, while continuing to have in common the same monarch and royal line of succession, as was the case at the time of the Statute of Westminster 1931.
In United Kingdom constitutional law, prorogation is an act usually used to mark the end of a parliamentary session. Part of the royal prerogative, it is the name given to the period between the end of a session of the UK Parliament and the State Opening of Parliament that begins the next session. The average length of prorogation since 2000 is approximately 18 days. The parliamentary session may also be prorogued before Parliament is dissolved. The power to prorogue Parliament belongs to the monarch, on the advice of the Privy Council. Like all prerogative powers, it is not left to the personal discretion of the monarch but is to be exercised, on the advice of the prime minister, according to law.
The Dissolution and Calling of Parliament Act 2022 is an act of the Parliament of the United Kingdom that repealed the Fixed-term Parliaments Act 2011 and reinstated the prior constitutional situation, by reviving the power of the monarch to dissolve and summon parliament. As the monarch exercises this power at the request of the prime minister, this restored the power of the prime minister to have a general election called at a time chosen by the prime minister.