Act of Parliament | |
Long title | An act to explain the act made in the twelfth year of the reign of King William the Third, intituled, "An act for the further limitation of the crown, and better securing the rights and liberties of the subject." |
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Citation | 1 Geo. 1. St. 2. c. 4 |
Dates | |
Royal assent | 20 July 1715 |
Repealed | 15 July 1867 |
Other legislation | |
Amends | Act of Settlement 1700 |
Repealed by | Statute Law Revision Act 1867 |
Status: Repealed | |
Text of statute as originally enacted |
The Naturalization Act 1714 (1 Geo. 1. St. 2. c. 4), printed under the full title An act to explain the act made in the twelfth year of the reign of King William the Third, intituled, "An act for the further limitation of the crown, and better securing the rights and liberties of the subject.", [1] was an act of the Parliament of Great Britain. The act was passed in 1714, as part of the first session under the new reign of King George I of Great Britain, at the outset of the Hanoverian dynasty. According to historians of British nationality and citizenship, this "Act of 1714 prescribed that no Bill of naturalisation should be received in either House unless it included a clause embodying the disabilities of the Act of Settlement." [2] (In this case, "disabilities" refers to the legal sense of disqualification or disallowal.)
That is, the act of 1714 continued a string of laws dating back to William and Mary, [3] all related to the barring of Catholics from taking the throne in England or Ireland, holding public office, and other rights and privileges of British subjects. These laws would slowly be repealed or replaced with the Catholic emancipation laws of the 1760s and onward, the Aliens Act 1844 (7 & 8 Vict. c. 66), and related legislation from British nationality and citizenship history.
The text of the act has two primary parts. Part 1 extended the Act of Settlement by stipulating that "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, should 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 others in trust for him." [4] Part 2 then amended the earlier law by adding that this interdiction should also apply to "any person hereafter... naturalized" and that – most importantly – "no bill of naturalization shall hereafter be received in either house of parliament, unless such clause or words be first inserted or contained therein." [5]
This act was largely repealed by the Aliens Act 1844 (7 & 8 Vict. c. 66). Dummett and Nicol point out that "[w]hen in 1840 Parliament wanted to grant full rights to Prince Albert, it first had to pass a Bill amending the Act of 1714." [6] Moreover, as another scholar notes, "section 6 of the 1844 [Aliens Act] still prohibited naturalized subjects from becoming members of the Privy Council or of either House of Parliament and made them subject to such further restrictions as might be imposed by the certificate of naturalization. Once imposed, restrictions could only by removed by grant." [7] Thus, "in the same period in the early nineteenth century when religious barriers to naturalisation began to be removed, new limitations on undesired political views, and persons not of good character, were coming into use." [8]
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. Arguments for increasing naturalization include reducing backlogs in naturalization applications and reshaping the electorate of the country.
The Canadian Citizenship Act was a statute passed by the Parliament of Canada in 1946 which created the legal status of Canadian citizenship. The Act defined who were Canadian citizens, separate and independent from the status of the British subject and repealed earlier Canadian legislation relating to Canadian nationals and citizens as sub-classes of British subject status.
Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955.
Australian nationality law details the conditions by which a person is a national of Australia. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia.
New Zealand nationality law details the conditions by which a person is a national of New Zealand. The primary law governing these requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to the entire Realm of New Zealand, which includes the country of New Zealand itself, the Cook Islands, Niue, Tokelau, and the Ross Dependency.
The primary law governing nationality of Ireland is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Ireland is a member state of the European Union (EU) and all Irish nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.
This article concerns the history of British nationality law.
Denization is an obsolete or defunct process in England and Ireland and the later Kingdom of Great Britain, the United Kingdom, and the British Empire, dating back to the 13th century, by which an alien (foreigner), through letters patent, became a denizen, thereby obtaining certain rights otherwise normally enjoyed only by the King's subjects, including the right to hold land. The denizen was neither a subject nor an alien, but had a status akin to permanent residency today. While one could become a subject via naturalisation, this required a private act of Parliament ; in contrast, denization was cheaper, quicker, and simpler. Denization fell into obsolescence when the British Nationality and Status of Aliens Act 1914 simplified the naturalisation process.
The history of Canadian nationality law dates back over three centuries, and has evolved considerably over that time.
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Singapore nationality law details the conditions by which a person holds Singapore nationality. The primary law governing nationality requirements is the Constitution of Singapore, which came into force on 9 August 1965.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies ; and the 14 British Overseas Territories.
Tanzanian nationality law is regulated by the Constitution of Tanzania, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history racist policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of jus soli, i.e. by birth in the territory, or jus sanguinis, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Nationality law in the American colonies preceding the Articles of Confederation was a decentralized early attempt to develop the concept of citizenship among colonial settlers with respect to the major colonial powers of the period. Precedent was largely based on English common law, with jurisdictional discretion afforded to each of the colonies in accordance with the principles of self-governance.
The Plantation Act 1740 or the Naturalization Act 1740 are common names used for an act of the British Parliament that was officially titled An Act for Naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America.
Batswana nationality law is regulated by the 1966 Constitution of Botswana, as amended; the Citizenship Act 1998, and its revisions; and international agreements entered into by the government of Botswana. These laws determine who is, or is eligible to be, a national of Botswana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. The Botswana nationality is typically obtained on the principle of jus sanguinis, i.e. by birth to parents with Botswana nationality. It can be granted to persons who have lived in the country for a specific period of time, who have performed distinguished service to the nation or who have an affiliation to the country through naturalisation.
Eswatini nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Eswatini nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Eswatini nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.
Gambian nationality law is regulated by the Constitution of The Gambia, as amended; The Gambia Nationality and Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of The Gambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Gambian nationality is typically obtained under the principle of jus sanguinis, born to parents with Gambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Sierra Leonean nationality law is regulated by the Constitution of Sierra Leone, as amended; the Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Sierra Leone. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Sierra Leonean nationality is based on descent from a person who is Negro-African, regardless of whether they were born in Sierra Leone, jus soli, or abroad to a Sierra Leonean, jus sanguinis. The Negro clause was inserted based upon the founding of the colony as a refuge for former slaves to prevent economically powerful communities from obtaining political power. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Zambian nationality law is regulated by the Constitution of Zambia, as amended; the Citizenship of Zambia Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Zambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zambian nationality is typically obtained under the principals of jus soli, i.e. birth in Zambia, or jus sanguinis, i.e. by birth to parents with Zambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.