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  #21  
Old 07-06-2020, 09:51 PM
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Quote:
Originally Posted by JR76 View Post
The "preface" of the Law of succession does state that it's valid for "hans kungl. höghets JOHAN BAPTIST JULII, furstens av Ponte-Corvo, äkta manliga bröstarvingar" (The legitimate male heirs of The Prince of Ponte-Corvo, His Royal Highness Johan Baptist Julii). While §1 was altered in 1979 to include female heirs the rule about legitimate heirs wasn't which would mean that it's still valid.
But doesn't the part of the preface concerning the legitimate male heirs refer to the provisions of the Act of Succession as it was originally enacted in 1810?

Quote:
Vi CARL [...] göre veterligt: att, sedan Riksens Ständer enhälligt antagit och fastställt den successionsordning, varefter den högborne furstes, Svea rikes utkorade kronprins, hans kungl. höghet prins JOHAN BAPTIST JULII manliga bröstarvingar skola äga rätt till den svenska tronen, samt Sveriges rikes styrelse tillträda, och denna grundlag till Vårt nådiga gillande blivit överlämnad,

We CARL [...] after the unanimous acceptance and confirmation by the Estates of the Realm of the Act of Succession according to which the male heirs begotten by His Noble-Born Highness, the elected Crown Prince of Sweden, His Royal Highness Prince JOHAN BAPTIST JULIUS shall have the right to the throne of Sweden and to accede to the government of Sweden,
If it is interpreted as referring to the current provisions of the Act of Succession, then it is contradicting §1 by stating that only male heirs have the right to the throne.


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Originally Posted by JR76 View Post
While the Law of succession as you say doesn't explicably state that those included in the Law of succession has to be a member of the Church of Sweden the stipulation that they recognise the decisions of the Uppsala synod of 1593 would disqualify all other Lutheran churches unless the Church of Finland still recognises the decisions of that synod.
Thanks, I hadn't realized that.
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  #22  
Old 05-06-2022, 06:37 PM
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Originally Posted by Mbruno View Post
The Catholic Church is still the State Religion of the Principalities of Monaco and Liechtenstein. I assume that means the Sovereign Prince must be Catholic, but I was unable to confirm that independently.
It would be logical for the head of state to belong to the state church, but there are currently no religious requirements for the reigning Prince in the constitution of either principality, or in the Liechtenstein or Grimaldi house laws.

https://web.archive.org/web/20160304...ausgesetz.html
https://www.llv.li/files/rdr/Verfass...01-02-2014.pdf

https://en.gouv.mc/Government-Instit...e-Principality
https://www.legimonaco.mc/305/legism...B!OpenDocument


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Originally Posted by Alison H View Post
I think most people regard a baby as belonging to the religion of the parents, whether that's Catholic, Protestant, Jewish, Muslim or anything else. If the two parents are of two different religions, that's more complicated
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Originally Posted by Mbruno View Post
[...] other Protestant monarchies that also have religious tests for the succession like Sweden or, indirectly, Denmark and Norway, also seem to assume that babies born in the Royal Family have succession rights from birth, so I think that considering it othwerwise would be an unnecessary technicality.
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Originally Posted by JR76 View Post
To be a member of the Church of Sweden you have to either be baptized or have your parents notify your local parish that they want to put off the baptism until a later date (most often until the instruction before their confirmation). Therefore it would be clear early on (or at confirmation age at the latest) if a child born to someone in the Royal family would not be a member of the Church of Sweden.
I haven't looked into the details yet, but if I recall correctly, membership of the Church of Sweden historically was automatic for children born to church members. I wonder if there is or was (at the time their succession laws were drafted) a similar legal construction at play in Denmark and Norway.

In the European monarchies with religious criteria for the office of head of state, I think it would be wise for legislators to review and clarify the religious tests, because the rise in the proportion of religiously unaffiliated and minority religions and in interfaith couples may eventually cause the assignment of a legal religious affiliation to a child on the basis of their parents to become unfeasible, both legally and in practice.
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  #23  
Old 05-07-2022, 04:42 AM
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Quote:
Originally Posted by Tatiana Maria View Post

I haven't looked into the details yet, but if I recall correctly, membership of the Church of Sweden historically was automatic for children born to church members. I wonder if there is or was (at the time their succession laws were drafted) a similar legal construction at play in Denmark and Norway.
You're right. Membership in the Church of Sweden was automatic for children of members (unless stated otherwise) until 1996.
Quote:
Originally Posted by Tatiana Maria View Post
In the European monarchies with religious criteria for the office of head of state, I think it would be wise for legislators to review and clarify the religious tests, because the rise in the proportion of religiously unaffiliated and minority religions and in interfaith couples may eventually cause the assignment of a legal religious affiliation to a child on the basis of their parents to become unfeasible, both legally and in practice.
During the pre-work to the legislation regarding the separation of the Church of Sweden and the State in 2000 the Swedish parliament suggested the removal of the requirement of membership for those in the Line of Succession (LoS), but when the King objected to the suggestion nothing happened.
I do wonder what form a religious test would take. A certificate of baptism or a declaration of the baptism being postponed until possibly during it's period of instruction before the confirmation that's handed in to the Speaker of Parliament would seem the most logical form.
What would happen if the minor chooses not to get confirmed aged 15 and loses it's place in the LoS, but discovers it's faith aged 30 and get both baptized and confirmed. Should they be reinstated in the LoS or is it to late? Can we really expect that a 15 year old is mature enough to realise all the implications that not getting baptized and confirmed will have on their life? Would it even be constitutional to expect that from someone who's not even old enough to vote?
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  #24  
Old 05-07-2022, 05:21 PM
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Why are you not automatically a religion at birth, even though your parents are (i.e. if you are the newborn child of two practicing Catholic parents, why are you not a Catholic until you are baptized)? That makes no sense.
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  #25  
Old 05-07-2022, 05:32 PM
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It does from a constitutional and administrative viewpoint.
By Constitution Denmark is Lutheran country. The Lutheran church is the official State Church. It's a service to citizens and residents.

So you are automatically a member of the State Church from the moment you are christened within the State Church, and when the time comes you will pay a tax to the State Church. Unless you sign out.

If you are not christened, you are not a member of the State Church. Unless you sign up and is christened later.
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