Elspeth said:
However, I think the point being made here is mostly that there were some questions raised at the time, they were legitimate questions, and the resolution in favour of the legality of civil marriage for royals was not (in purely legal terms) a foregone conclusion. After all, in 1937 it was claimed that it was perfectly legal to deprive the Duchess of Windsor of the HRH title, and that's been shown to have been a dubious legal claim that was made more for the sake of expediency at the time than for any general reason. I think there are some people who, rightly or wrongly, are seeing the same standard applied here.
I understand your point and, of course, given the unwritten constitution of the UK and the use of legal precedents to determine the law, these things can always be argued in constitutional theory. However, I do not think the question of a civil marriage for Charles and Camilla was unclear, given the existing acts and the right of the Sovereign under the Royal Marriages Act to approve any marriage of a member of the royal family. Given the position of the Crown, as advised by the Government, there can be no question that an affirmative consent of the Sovereign is definitive in these matters.
Comparisons to the HRH issue of Wallis is not valid. Firstly, the King issued letters patent, obviously with the consent of the Prime Minister, specifically depriving her of the style. While the legal validity was clearly shaky, we must remember there is no question the Sovereign, as the fount of honour, can deprive or confer any titles and honours since such things represent the Crown.
Although it was clear the Duke was HRH Prince Edward under all letters patent, the King had the right to issue new letters patent depriving him of all titles and styles or issuing a new title. This was his right as Sovereign. However, since the King had clearly permitted his brother to remain a prince of the UK with the style of HRH, his letters patent "reconferring" the style of HRH to him, but not to Wallis or his descendants, was invalid.
The Duke was already HRH by right and his wife was entitled to share his rank, unless the King issued letters patent depriving HIM of the style and title. However, it is also clear that the King DID deny Wallis the rank of HRH and princess of the UK in his letters patent, which he could certainly do as the Sovereign.