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Prince Harry's position as fifth in line to the British throne may be at risk due to his decision to permanently reside outside of the United Kingdom and step back from his royal duties. According to a Palace source, discussions at the recent Royal Family summit in January may not have only addressed Prince Harry and Meghan Markle's titles and roles within the Royal Family, but may have also considered removing them from the line of succession entirely.
The order of succession, which determines who is eligible to become sovereign if the current monarch dies or abdicates, can legally be changed if a member of the royal family permanently resides abroad and no longer carries out official royal engagements and duties on behalf of the Crown. With Harry and Meghan's move to Canada being made permanent as they transition into financial independence, the couple could face removal from the line of succession as a royal revenge plot by the rest of the family.
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If Parliament were to pass legislation removing Harry from his place in the succession, it would set a major precedent. His children Archie and any future children with Meghan would also lose their right to someday inherit the throne. Robert Blackburn, Professor of Constitutional Law at King's College London, says while living abroad alone does not automatically disqualify someone, Harry's case is different because he has chosen to cease participation in royal duties.
"Although living abroad is not a legal disqualification from becoming King, Prince Harry could still be removed from the line of succession by an Act of Parliament, like Edward VIII before him," Blackburn told Express. "Prince Harry does not wish to fulfill the royal role expected of him and has withdrawn to live abroad. Presumably Prince Harry would be okay with giving up his place in the succession if for any reason this becomes an issue in royal affairs."
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Blackburn notes that constitutional changes to the line of succession have been implemented by Parliament before, such as with the Bill of Rights of 1689, the Act of Settlement of 1701 that still governs succession today, and the abdication of Edward VIII in 1936. While sensitive, removal of Harry and future eligibility of his children could legally be accomplished by an Act of Parliament without royal consent. It would demonstrate the ultimate punishment by the family and rejection of Harry's progressive plans to modernize the monarchy.
While removing Harry and his family from the line of succession would mark an unprecedented break from the past, the British government has power to intervene in such matters of royal affairs according to centuries of Acts of Parliament guiding inheritance of the Crown. As Harry relinquishes customary duties and taxpayers' funding to seek private wealth abroad, support within royal circles and government may grow for legally protecting the succession from distant foreign interference down the road.
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Backlash against Harry's demands for financial freedom and control over his international brand outside of the monarchy's sphere could trigger revenge in the form of legal consequences limiting his place within the institution for generations to come. Only time will tell how strained relations might evolve between the once-close brothers and whether parliamentary force might be exerted on this constitutional crisis.
For now, Harry remains fifth in line. But his banishment from royal duties and physical distance from Britain weakens his standing and leaves the door open for further retaliation through legal means establishing new rules of royal affiliation. Without a clear path back into public service or plan to return long-term, pressure may mount on Parliament and Palace officials to safeguard the survival of the monarchy by excluding the renegade prince and his heirs from formal succession rights through statute.
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Whether Harry retains his royal status and place in line could hinge on coming to new agreements respecting tradition and the central authority of the Queen and Firm. By unilaterally abandoning core royal responsibilities in search of fame and fortune overseas, the Duke of Sussex risks forfeiting far more than just a taxpayer-funded salary – he may face losing one of his most fundamental royal privileges, the promise of one day seeing his own son on the throne. Time will tell if reconciliation with his family can prevent such a dramatic reversal of fortunes through legislative retribution.
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