Monarchy is, of its essence, a hereditary institution. Since it depends
on the right of hereditary succession, rather than election or appoint-
ment, it is of prime importance that there be clear and unambiguous
rules regulating the succession to the throne so that there can be no
dispute as to who should succeed. In Britain, the rules regulating the
succession are of two kinds: the non-statutory rules governing hered-
itary succession, and statutory rules laying down certain conditions
which the holder of the throne must meet.

Hereditary succession is not by itself an unambiguous criterion.
There are indeed three possible arrangements for hereditary succes-
sion. The first regulates the succession by means of the so-called
Salic law, which entirely excludes females from the succession. This
rule governed succession to the French monarchy, so that there were
never any queens of France, except, of course, for queen consorts.
The second rule provides that the right of succession passes to the
eldest child of the sovereign, regardless of gender, females enjoying
the same right of succession as males. This rule has been in force in
Sweden since 1979.

The third alternative, which regulates the succession in Britain,
provides that, under the common law, the Crown descends on the
same basis as the inheritance of land. This means that male heirs
take precedence over female, with children representing their
deceased ancestors; and, under the rule of primogeniture, the older
son precedes the younger. It is thus in general only a male who, in
Britain, can be heir apparent. If the heir to the throne is female, she
can only be heir presumptive rather than heir apparent, for her claim
can always be defeated by the birth of a son to the sovereign who

-42-