mnottertail
Posts: 60698
Joined: 11/3/2004 Status: offline
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My first point: A subject merely unquestionably and uncomplainingly obeys the government. A citizen participates in the democratic processes, in some fashion. Therefore there are subjects in America as well as Britain, and citizens in America as well as Britain. Now to the actual specifications, and the realities, British people are citizens of Britain. There is a bit of toffee nosed mummery for traditional reasons that they are theoretically (and it is very theoretical, subjects, but it is really play-acting). British citizenship is largely a legal status set out in the British Nationality Act of 1981. Because the UK has no formal written constitution, the rights and duties of the populace are governed by a huge body of statute and common law which is constantly being modified by Parliament and interpreted by the courts. Although the populace of Britain may theoretically still be subjects of the monarchy, in practice there are limits to the powers of the crown even when exercised by the elected government. Most of these restrictions arose from Britain's signing of the Treaty of Rome in 1972 which established the superiority of European Law and set limits on the sovereignty of the British Parliament. It gave the British Courts the power to review Acts of Parliament and in the light of EU legislation, to override Statute Law when it failed to comply with European law. As a result EU legislation and judgments from the European Court of Justice automatically become part of the UK constitution. The UK has also signed the European Convention on Human Rights into its law under the Human Rights Act of 1998. This piece of law is already being used by the courts to restrain the powers of the executive. The British Nationality Act 1981 7. The British Nationality Act 1981, which came into force on 1 January 1983, replaced citizenship of the United Kingdom and Colonies with three separate citizenships: (a) British citizenship for those persons who had the right of abode in the United Kingdom (as defined in Section 2 of the Immigration Act 1971); (b) British Dependent Territories citizenship for those connected by birth or descent with a dependent territory; (c) British Overseas citizenship for those who did not belong to categories (a) or (b) above. The term "Commonwealth citizen" no longer has the same meaning as "British subject" although persons connected with the Republic of Ireland, India or Pakistan who were British subjects under the 1948 Act (see paragraph 5 above) retain that status under the 1981 Act. 8. Women, whether commonwealth or foreign, no longer have an entitlement to registration, but spouses (of either sex) may apply for naturalisation after three years residence in the UK. Citizenship may now be transmitted through either the male of female line, except that in the case of an illegitimate child it can be acquired only through the mother. 9. In general, since 1 January 1983, it has been possible to acquire British citizenship automatically: (a) by birth in the UK to a parent who is either a British citizen or settled in the UK under immigration law; (b) by adoption in the UK by a British citizen parent; (c) by birth outside the UK to a parent who is a British citizen "otherwise than by descent"; (d) by birth outside the UK to a British citizen parent in Crown, Designated or European Community service. 10. Special rules apply to the acquisition of British citizenship by British Dependent Territories citizens connected with Gibraltar and the Falkland Islands. Can this end another significantly stupid thread now?
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Have they not divided the prey; to every man a damsel or two? Judges 5:30
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